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    FAQs Patent Questions

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    Question: Any member of the U.S. Patent and Trademark office are prohibited from applying for a patent.

    Answer:

    Officers and employees of the United States Patent and Trademark Office are prohibited by law from applying for a patent or acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent.




    Question: A Patentee who makes or sells patented articles is required to mark the articles with the word “Patent”

    Answer:
    A patentee who makes or sells patented articles, or a person who does so for or under the patentee is required to mark the articles with the word “Patent” and the number of the patent. The penalty for failure to mark is that the patentee may not recover damages from an infringer unless the infringer was duly notified of the infringement and continued to infringe after the notice.




    Question: If two applications are filled for the same patentable invention the Office will determine who is entitled to the patent

    Answer:
    Occasionally two or more applications are filed by different inventors claiming substantially the same patentable invention. The patent can only be granted to one of them, and a proceeding known as an “interference” is instituted by the Office to determine who is the first inventor and entitled to the patent.



    Did You Know?

    You may apply for a patent for your invention.

    Inventors may apply for one of two types of patent applications: (1) A non-provisional application, which begins the examination process and may lead to a patent and (2) A provisional application, which establishes a filing date but does not begin the examination process.

    Contact our Patent Professionals to ensure you complete the patent filing process correctly or for violation of your patent rights.