Patent Law Applications in the United States

Patent U.S. Patent Law Applications

Introduction to Patent Law Applications

To obtain patent protection in the United States, an inventor must file a patent application with the PTO. This application has three parts:

• the specification, which gives a general description of the invention;
• the claims, which provide more detailed statements explaining exactly how the invention works or is assembled; and
• drawings that illustrate the invention.

Most inventors need to hire a patent lawyer or a specially qualified professional called a patent agent to help them prepare the application.

An official at the PTO, called a patent examiner, reviews the application to determine if it qualifies for a patent. The applicant receives no patent rights until the PTO approves and issues the patent. During the patent examination process, the patent examiner may ask the applicant to answer various questions about the invention. The law requires the patent applicant to disclose all information in his or her possession that is relevant to whether the patent should be issued. Because this process often goes back and forth several times between the applicant and the examiner, obtaining a patent can be time-consuming and expensive.” (1)

Patents in the U.S. Code

The United States Patent Code appears in Title 35 of the United State Code.

Resources

Notes and References

• Information about Patent Law Applications in the Encarta Online Encyclopedia

Guide to Patent Law Applications