General Info on Patent With Respect To USPTO

1. General Info on Patent With Respect To USPTO

2. A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and
Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent
was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the
payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S.
possessions. Under certain circumstances, patent term extensions or adjustments may be available.
The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude
others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention
into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to
exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the
patentee must enforce the patent without aid of the USPTO.
What is a Patent?

3. What's legally protected? Technical inventions, such as chemical
compositions like pharmaceutical drugs, mechanical
processes like complex machinery, or machine
designs that are new, unique, and usable in some
type of industry.
What's an example? A new type of hybrid engine
What are the benefits of federal protection? Safeguards inventions and processes from other
parties copying, making, using, or selling the
invention without the inventor’s consent.

4. 1. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine,
article of manufacture, or composition of matter, or any new non-obvious and useful improvement thereof.
Term is 20 years from filing date.An example:New and non-obvious improvement to a door handle.
2. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of
manufacture.Only appearance of the article is protected.
Term is 15 years from the time the patent is granted.An example:Uniquely shaped cookie cutter.
3. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and
new variety of plant.Term is 20 years from the filing date.
An example:a hybrid rose plant or a hybrid fruit tree.
Three types of patents

5. Section 101 of the U.S. Patent Act sets forth the general requirements for patent protection in a
single sentence:
“Whoever invents or discovers any new and useful process, machine, manufacture, or composition
of matter, or any new and useful improvements thereof, may obtain a patent, subject to the
conditions and requirements of this title.”
Unfortunately, the actual test for patentability is a bit more complicated than this sentence suggests.
Under U.S. patent law, an invention is patentable only if it meets the following requirements, which
are discussed as follows:
Patentability Criteria/Requirements
Novelty
Obviousness
Written
Description
Enablement
Best Mode
Utility

6. Requirements What it means
Novelty This refers to a new concept.
You cannot patent something that is already publicly known, as it would be
unfair to grant the economic benefits of a patent in relation to something
that is already publicly known. The test of 'novelty' is assessed as at the
date you file your application for the patent.
Obviousness Patent obviousness is the idea that if an invention is obvious to either
experts or the general public, it cannot be patented. If a person of ordinary
skill in an industry could have easily developed the invention, it's not
patentable.
Written Description The ‘essential goal’ of the description of the invention requirement is to
clearly convey the information that an applicant has invented the subject
matter which is claimed.Another objective is to convey to the public what
the applicant claims as the invention.The ‘written description’ requirement
implements the principle that a patent must describe the technology that is
sought to be patented.The requirement serves both to satisfy the inventor’s
obligation to disclose the technologic knowledge upon which the patent is
based, and to demonstrate that the patentee was in possession of the
invention that is claimed. The written description requirement promotes the

7. progress of the useful arts by ensuring that patentees adequately describe
their inventions in their patent specifications in exchange for the right to
exclude others from practicing the invention for the duration of the patent’s
term.An applicant shows possession of the claimed invention by describing the
claimed invention with all of its limitations using such descriptive means as
words, structures, figures, diagrams, and formulas that fully set forth the
claimed invention.
Enablement Sufficiency of disclosure or enablement is a patent law requirement according
to which a patent application must disclose a claimed invention in sufficient
detail for the theoretical or scientific person skilled in the art to carry out that
claimed invention.A person skilled in the said art exploring the application
should be able to carry out the invention effortlessly.
Best Mode The best mode requirement is a safeguard against the desire on the part of
some people to obtain patent protection without making a full disclosure as
required by the statute. The requirement does not permit inventors to disclose
only what they know to be their second-best embodiment, while retaining the
best for themselves.The inventor must not hide the best method of the
invention.

8. Utility This requirement does not relate to whether the new product, process or
invention is 'useful' in terms of whether or not someone would buy it.
Instead, it relates to whether the invention is capable of being made in
accordance with the claims and information in the patent.
From April 2013, there has been a requirement to disclose a specific,
substantial and credible use for the invention in the patent specification.
Reference
https://www.bitlaw.com/patent/section-101-index.html
https://www.business.qld.gov.au/running-business/protecting-business/ip-kit/browse-ip-topics/new-products,-
processes-and-inventions-patents/five-requirements
https://www.uspto.gov/patents
https://en.wikipedia.org/wiki/Sufficiency_of_disclosure
https://www.ipwatchdog.com/2016/02/06/best-mode-requirement-preferences/id=65879/
https://www.upcounsel.com/patent-obviousness
https://www.uspto.gov/web/offices/pac/mpep/s2165.html
https://www.uspto.gov/patents/basics/general-information-patents