,,patents ,,and ,,how ,,to ,,get ,,one ,a ,,practical ,,handbook ,u4,s4 ,department of ,commerce ,,dover ,,publications1 ,,inc4 ,mineola1 ,new ,york ,bibliographical ,note ,this ,dover edition1 first published in #bjjj1 is an unabridged and unaltered republication of the work originally published by the ,patent and ,trademark ,office1 ,washington1 ,d4,c41 in #aiig under the title ,general ,information ,concerning ,patents4 ,international ,standard ,book ,number3 #j-dhf-daadd-c ,manufactured in the ,united ,states of ,america ,dover ,publications1 ,inc41 #ca ,east #bnd ,street1 ,mineola1 ,n4,y4 #aaeja ,contents ,functions of the ,patent and ,trademark ,office #e ,purpose of this booklet #f ,what is a patent8 #g ,patent laws #i ,what can be patented #aj ,novelty and other conditions for obtaining a patent #ab ,the ,united ,states ,patent and ,trademark ,office #ac ,publications of the ,patent and ,trademark ,office #ae ,general information and correspondence #ai ,library1 search room services and ,patent and ,trademark ,depository ,libraries #ba ,attorneys and agents #bh ,disclosure ,document #ca ,who may apply for a patent #cc ,application for patent #cd ,oath or declaration1 signature #cg ,filing ,fees #ch ,specification 7description and claims7 #dj ,drawing #dc ,models1 exhibits1 specimens #ed ,examination of applications and proceedings in the ,patent and ,trademark ,office #ee ,amendments to application #eh ,time for response and abandonment #fa ,appeal to the ,board of ,patent ,appeals and ,interferences and to the courts #fb ,interferences #fc ,allowance and issue of patent #fe ,nature of patent and patent rights #ff ,maintenance ,fees #fh ,correction of patents #fi ,assignments and licenses #gj ,infringement of patents #gc ,patent marking and 8patent pending0 #gd ,design patents #ge ,plant patents #gf ,treaties and foreign patents #gi ,foreign applicants for ,united ,states patents #hb ,answers to questions frequently asked #hd ,functions of the ,patent and ,trademark ,office ,the ,patent and ,trademark ,office 7,,pto7 is an agency of the ,u4,s4 ,department of ,commerce4 ,the role of the ,patent and ,trademark ,office is to grant patents for the protection of inventions and to register trademarks4 ,it serves the interest of inventors and businesses with respect to their inventions and corporate products1 and service identifications4 ,it also advises and assists the bureaus and offices of the ,department of ,commerce and other agencies of the ,government in matters involving 8intellectual property0 such as patents1 trademarks and semiconductor mask works4 ,through the preservation1 classification1 and dissemination of patent information1 the ,office aids and encourages innovation and the scientific and technical advancement of the nation4 ,in discharging its patent related duties1 the ,patent and ,trademark ,office examines applications and grants patents on inventions when applicants are entitled to them2 it publishes and disseminates patent information1 records assignments of patents1 maintains search files of ,u4,s4 and foreign patents1 and maintains a search room for public use in examining issued patents and records4 ,it supplies copies of patents and official records to the public4 ,similar functions are performed relating to trademarks4 ,purpose of this ,booklet ,the purpose of this booklet is to give users some general information about patents and the operations of the ,patent and ,trademark ,office4 ,it attempts to answer many of the questions commonly asked of the ,patent and ,trademark ,office but is not intended to be a comprehensive textbook on patent law or a guide for the patent attorney4 ,it is hoped that this information will be useful to inventors and prospective applicants for patents1 to students1 and to others who may be interested in patents by giving them a brief general introduction to the subject4 ,additional information may be obtained from the publications listed under the sections 8,publications of the ,patent and ,trademark ,office0 and 8,general information and correspondence40 ,also1 information is available on the ,u4,s4 ,patent and ,trademark ,office's ,web site at3 http3_/_/www4uspto4gov4 ,the ,patent and ,trademark ,office does not publish any textbooks on patent law1 but a number of such works for the specialist and for the general reader have been published by private concerns4 ,what ,is a ,patent8 ,a patent for an invention is a grant of a property right by the ,government to the inventor 7or his or her heirs or assigns71 acting through the ,patent and ,trademark ,office4 ,the term of the patent shall be #bj years from the date on which the application for the patent was filed in the ,united ,states or1 if the application contains a specific reference to an earlier filed application under #ce ,u4,s4,c4 #abj1 #aba or #cfe7;c71 from the date the earliest such application was filed1 subject to the payment of maintenance fees4 ,the right conferred by the patent grant extends only throughout the ,united ,states and its territories and possessions4 ,the right conferred by the patent grant is1 in the language of the statute and of the grant itself1 8the right to exclude others from making1 using1 offering for sale1 or selling0 the invention in the ,united ,states or 8importing0 the invention into the ,united ,states4 ,what is granted is not the right to make1 use1 offer for sale1 sell or import1 but the right to exclude others from making1 using1 offering for sale1 selling or importing the invention4 ,most of the statements in the preceding paragraphs will be explained in greater detail in later sections4 ,some persons occasionally confuse patents1 copyrights1 and trademarks4 ,although there may be some resemblance in the rights of these three kinds of intellectual property1 they are different and serve different purposes4 ,copyrights ,a copyright protects the writings of an author against copying4 ,literary1 dramatic1 musical and artistic works are included within the protection of the copyright law1 which in some instances also confers performing and recording rights4 ,the copyright protects the form of expression rather than to the subject matter of the writing4 ,a description of a machine could be copyrighted as a writing1 but this would only prevent others from copying the description2 it would not prevent others from writing a description of their own or from making and using the machine4 ,copyrights are registered in the ,copyright ,office in the ,library of ,congress4 ,information concerning copyrights may be obtained from the ,register of ,copyrights1 ,library of ,congress1 ,washington1 ,d4,c4 #bjeei4 7,telephone #bjb-gjg-cjjj7 ,trademarks_/,servicemarks ,a trademark or servicemark relates to any word1 name1 symbol or device which is used in trade with goods or services to indicate the source or origin of the goods or services and to distinguish them from the goods or services of others4 ,trademark rights may be used to prevent others from using a confusingly similar mark but not to prevent others from making the same goods or from selling them under a non-confusing mark4 ,similar rights may be acquired in marks used in the sale or advertising of services 7service marks74 ,trademarks and service marks which are used in interstate or foreign commerce may be registered in the ,patent and ,trademark ,office4 ,the procedure relating to the registration of trademarks and some general information concerning trademarks is given in a separate pamphlet entitled 8,basic ,facts ,about ,trademarks40 ,patent ,laws ,the ,constitution of the ,united ,states gives ,congress the power to enact laws relating to patents1 in ,article ,i1 section #h1 which reads 8,congress shall have power 444 to promote the progress of science and useful arts1 by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries40 ,under this power ,congress has from time to time enacted various laws relating to patents4 ,the first patent law was enacted in #agij4 ,the law now in effect is a general revision which was enacted ,july #ai1 #aieb1 and which came into effect ,january #a1 #aiec4 ,it is codified in ,title #ce1 ,united ,states ,code4 ,the patent law specifies the subject matter for which a patent may be obtained and the conditions for patentability4 ,the law establishes the ,patent and ,trademark ,office to administer the law relating to the granting of patents1 and contains various other provisions relating to patents4 ,what ,can ,be ,patented ,the patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained4 ,in the language of the statute1 any person who 8invents or discovers any new and useful process1 machine1 manufacture1 or composition of matter1 or any new and useful improvement thereof1 may obtain a patent10 subject to the conditions and requirements of the law4 ,the word 8process0 is defined by law as a process1 act or method1 and primarily includes industrial or technical processes4 ,the term 8machine0 used in the statute needs no explanation4 ,the term 8manufacture0 refers to articles which are made1 and includes all manufactured articles4 ,the term 8composition of matter0 relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds4 ,these classes of subject matter taken together include practically everything which is made by man and the processes for making the products4 ,the ,atomic ,energy ,act of #aied excludes the patenting of inventions useful solely in the utilization of special nuclear material or atomic energy for atomic weapons4 ,the patent law specifies that the subject matter must be 8useful40 ,the term 8useful0 in this connection refers to the condition that the subject matter has a useful purpose and also includes operativeness1 that is1 a machine which will not operate to perform the intended purpose would not be called useful1 and therefore would not be granted a patent4 ,interpretations of the statute by the courts have defined the limits of the field of subject matter which can be patented1 thus it has been held that the laws of nature1 physical phenomena and abstract ideas are not patentable subject matter4 ,a patent cannot be obtained upon a mere idea or suggestion4 ,the patent is granted upon the new machine1 manufacture1 etc41 as has been said1 and not upon the idea or suggestion of the new machine4 ,a complete description of the actual machine or other subject matter for which a patent is sought is required4 ,novelty and ,other ,conditions for ,obtaining a ,patent ,in order for an invention to be patentable it must be new as defined in the patent law1 which provides that an invention cannot be patented if3 87a7 the invention was known or used by others in this country1 or patented or described in a printed publication in this or a foreign country1 before the invention thereof by the applicant for patent10 or 87b7 the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country more than one year prior to the application for patent in the ,united ,states 4440 ,if the invention has been described in a printed publication anywhere in the world1 or if it has been in public use or on sale in this country before the date that the applicant made his_/her invention1 a patent cannot be obtained4 ,if the invention has been described in a printed publication anywhere1 or has been in public use or on sale in this country more than one year before the date on which an application for patent is filed in this country1 a patent cannot be obtained4 ,in this connection it is immaterial when the invention was made1 or whether the printed publication or public use was by the inventor himself_/herself or by someone else4 ,if the inventor describes the invention in a printed publication or uses the invention publicly1 or places it on sale1 he_/she must apply for a patent before one year has gone by1 otherwise any right to a patent will be lost4 ,even if the subject matter sought to be patented is not exactly shown by the prior art1 and involves one or more differences over the most nearly similar thing already known1 a patent may still be refused if the differences would be obvious4 ,the subject matter sought to be patented must be sufficiently different from what has been used or described before that it may be said to be nonobvious to a person having ordinary skill in the area of technology related to the invention4 ,for example1 the substitution of one material for another1 or changes in size1 are ordinarily not patentable4 ,the ,united ,states ,patent and ,trademark ,office ,congress established the ,united ,states ,patent and ,trademark ,office to issue patents on behalf of the ,government4 ,the ,patent and ,trademark ,office as a distinct bureau may be said to date from the year #ahjb when a separate official in the ,department of ,state who became known as 8,superintendent of ,patents0 was placed in charge of patents4 ,the revision of the patent laws enacted in #ahcf reorganized the ,patent and ,trademark ,office and designated the official in charge as ,commissioner of ,patents and ,trademarks4 ,the ,patent and ,trademark ,office remained in the ,department of ,state until #ahdi when it was transferred to the ,department of ,interior4 ,in #aibe it was transferred to the ,department of ,commerce where it is today4 ,the ,patent and ,trademark ,office administers the patent laws as they relate to the granting of patents for inventions1 and performs other duties relating to patents4 ,it examines applications for patents to determine if the applicants are entitled to patents under the law and grants the patents when they are so entitled2 it publishes issued patents and various publications concerning patents1 records assignments of patents1 maintains a search room for the use of the public to examine issued patents and records1 supplies copies of records and other papers1 and the like4 ,similar functions are performed with respect to the registration of trademarks4 ,the ,patent and ,trademark ,office has no jurisdiction over questions of infringement and the enforcement of patents1 nor over matters relating to the promotion or utilization of patents or inventions4 ,the head of the ,office is the ,assistant ,secretary of ,commerce and ,commissioner of ,patents and ,trademarks1 and his staff includes the ,deputy ,assistant ,secretary of ,commerce and ,deputy ,commissioner of ,patents and ,trademarks1 several assistant commissioners1 and other officials4 ,as head of the ,office1 the ,commissioner superintends or performs all duties respecting the granting and issuing of patents and the registration of trademarks2 exercises general supervision over the entire work of the ,patent and ,trademark ,office2 prescribes the rules1 subject to the approval of the ,secretary of ,commerce1 for the conduct of proceedings in the ,patent and ,trademark ,office1 and for recognition of attorneys and agents2 decides various questions brought before him by petition as prescribed by the rules2 and performs other duties necessary and required for the administration of the ,patent and ,trademark ,office4 ,the work of examining applications for patents is divided among a number of examining groups1 each group having jurisdiction over certain assigned fields of technology4 ,each group is headed by a group director and staffed by examiners4 ,the examiners review applications for patents and determine whether patents can be granted4 ,an appeal can be taken to the ,board of ,patent ,appeals and ,interferences from their decisions refusing to grant a patent1 and a review by the ,commissioner of ,patents and ,trademarks may be had on other matters by petition4 ,the examiners also identify applications that claim the same invention and initiate proceedings1 known as interferences1 to determine who was the first inventor4 ,in addition to the examining groups1 other offices perform various services1 such as receiving and distributing mail1 receiving new applications1 handling sales of printed copies of patents1 making copies of records1 inspecting drawings1 and recording assignments4 ,at present1 the ,patent and ,trademark ,office has about #e1gjj employees1 of whom about half are examiners and others with technical and legal training4 ,patent applications are received at the rate of over #bjj1jjj per year4 ,the ,patent and ,trademark ,office receives over five million pieces of mail each year4 ,publications of the ,patent and ,trademark ,office ,u4,s4 ,patents4--,the specification and accompanying drawings of all patents are published on the day they are granted and printed copies are sold to the public by the ,patent and ,trademark ,office4 ,over #f1jjj1jjj patents have been issued4 ,printed copies of any patent1 identified by its patent number1 may be purchased from the ,patent and ,trademark ,office4 ,current fee schedule is available by calling the ,,pto ,general ,information ,services at #a-hjj-ghf-iaii or #gjc-cjh-dceg or by accessing ,,pto's ,web site at http3_/_/www4uspto4gov4 ,future patents classified in subclasses containing subject matter of interest may be obtained1 as they issue1 by prepayment of a deposit and a service charge4 ,for the cost of such subscription service1 a separate inquiry should be sent to the ,patent and ,trademark ,office4 ,official ,gazette of the ,united ,states ,patent and ,trademark ,office4--,the ,official ,gazette of the ,united ,states ,patent and ,trademark ,office is the official journal relating to patents and trademarks4 ,it has been published weekly since ,january #ahgb 7replacing the old 8,patent ,office ,reports071 and is now issued each ,tuesday in two parts1 one describing patents and the other trademarks4 ,it contains a claim and a selected figure of the drawings of each patent granted on that day2 notices of patent and trademark lawsuits2 indexes of patents and patentees2 list of patents available for license or sale2 a list of ,patent and ,trademark ,depository ,libraries 7,p,t,d,ls72 and much general information such as orders1 notices1 changes in rules1 changes in classification1 etc4 ,the ,official ,gazette is sold on subscription and by single copies by the ,superintendent of ,documents1 ,u4,s4 ,government ,printing ,office1 ,washington1 ,d4,c4 #bjdjb4 ,the illustrations and claims of the patents are arranged in the ,official ,gazette according to the ,patent and ,trademark ,office classification of subject matter1 permitting ready reference to patents in any particular technology4 ,copies of the ,official ,gazette are available in the ,p,t,d,ls and public libraries of other cities4 ,index of ,patents4--,a two-part publication which summarizes for a given calendar year the classification and inventor_/assignee information at the time of issue for utility1 ,design1 ,reissue1 and ,plant ,patents2 ,reexamination ,certificates1 and ,statutory ,invention ,registrations published weekly in the ,official ,gazette4 ,part ,i1 ,list of ,patentees comprises an alphabetical listing of every patentee and assignee recorded at the time the patent document was issued4 ,part ,,ii1 ,index to ,subjects of ,inventions comprises a listing of all patents for the year according to ,u4,s4 ,patent ,classification class and subclass designation at the time the patent document was issued--it is not an index of subjects1 per se4 ,sold by the ,superintendent of ,documents4 ,index of ,trademarks4--,an annual index of registrants of trademarks4 ,sold by the ,superintendent of ,documents4 ,index to the ,u4,s4 ,patent ,classification ,system4--,an alphabetical list of approximately #fe1jjj common1 informal headings or terms which refer to specific classes and subclasses in the ,manual of ,classification used to categorize patents4 ,it is intended as a means for initial entry into the ,classification ,system and should be especially useful for persons not familiar with the system as well as those who may not be familiar with any particular technology under study4 ,sold by the ,superintendent of ,documents4 ,manual of ,classification4--,a loose-leaf manual containing a list of all the classes and subclasses of inventions in the ,patent and ,trademark ,office classification systems1 a subject matter index1 and other information relating to ,u4,s4 patent classification system4 ,each subclass has a short1 descriptive title often arranged in a specific hierarchical order designated by dots for indentation levels4 ,substitute pages are issued from time to time4 ,annual subscription includes the basic manual and substitute pages4 ,sold by the ,superintendent of ,documents4 ,classification ,definitions4--,gives a detailed definition for each class and official subclass included in the ,manual of ,classification4 ,the definitions indicate the subject matter to be found in or excluded from a class or subclass2 they limit or expand in precise manner the meaning intended for each subclass title2 they serve as a guide to users of the ,manual of ,classification to refer to the same subclass for patents on a particular technology by eliminating1 as much as possible1 subjective and varying interpretations of the meanings of subclass titles4 ,the 8notes0 illustrate the kinds of information that can be found in a subclass and direct the searcher to other related subclasses which may contain relevant information4 ,subscription service consists of a basic full set of definitions and semiannual sets of updated definitions for an indeterminate period4 ,sold by the ,superintendent of ,documents4 ,title #cg ,code of ,federal ,regulations4--,includes rules of practice for ,patents1 ,trademarks1 and ,copyrights4 ,available from the ,superintendent of ,documents4 ,basic ,facts about ,trademarks4--,contains general information for the layman about applications for1 and registration of1 trademarks and service marks4 ,sold by the ,superintendent of ,documents4 ,attorneys and ,agents ,registered to ,practice ,before the ,u4,s4 ,patent and ,trademark ,office4--,an alphabetical and geographical listing of patent attorneys and agents registered to practice before the ,u4,s4 ,patent and ,trademark ,office4 ,sold by the ,superintendent of ,documents4 ,manual of ,patent ,examining ,procedure 7,,mpep74--,a loose-leaf manual which serves primarily as a detailed reference work on patent examining practice and procedure for the ,patent and ,trademark ,office's ,examining ,corps4 ,subscription service includes basic manual1 periodic revisions1 and change notices4 ,sold by the ,superintendent of ,documents4 7,the ,,mpep is also available in electronic form from the ,,pto's ,office of ,electronic ,information and as an ,internet information file47 ,guide for the ,preparation of ,patent ,drawings4--,a collection of the most pertinent rules from ,title #cg of the ,code of ,federal ,regulations pertaining to patent drawings with interpretations of those rules and examples4 ,sold by the ,superintendent of ,documents4 ,,pto ,products and ,services ,catalog1 ,information ,dissemination ,organizations 7,,ido74--,this compendium describes the products and services available from the ,patent and ,trademark ,office 7,,pto7 and provides ordering information4 ,many items are available free of charge from the ,information ,dissemination ,organizations 7,i,d,os74 ,the catalog lists products and services available from the three ,,ido offices responsible for public records2 electronic products_/services2 general information2 ,,pto's public search facilities in ,arlington1 ,virginia2 and the network of #hj ,patent and ,trademark ,depository ,libraries 7,p,t,d,ls7 in #di states1 the ,district of ,columbia1 and ,puerto ,rico4 ,included is detailed descriptions of data available on magnetic tape1 diskette1 or ,,cd-,,rom4 ,a number of products can be ordered in paper form1 including ,,pto forms and patent or trademark copies1 as well as ,technology ,assessment and ,forecast 7,,taf7 statistical reports and research publications4 ,available from the ,,pto ,general ,information ,services at #a-hjj-ghf-iaii or #gjc-cjh-dceg4 ,many publications listed above1 as well as other ,patent and ,trademark ,office products and services are available electronically from ,,ido or on the ,,pto's ,web site4 ,call ,general ,information ,services for more information at #hjj-ghf-iaii or #gjc-cjh-dceg4 ,general ,information and ,correspondence ,all business with the ,patent and ,trademark ,office should be transacted in writing and all correspondence relating to patent matters should be addressed to 8,,assistant ,,commissioner ,,for ,,patents1 ,,washington1 ,d4,c4 #bjbca40 ,correspondents should be sure to include their full return addresses1 including zip codes4 ,the principal location of the ,,pto is ,crystal ,plaza #c1 #bjba ,jefferson ,davis ,highway1 ,arlington1 ,virginia4 ,the personal presence of applicants at the ,,pto is unnecessary4 ,applicants and attorneys are required to conduct their business with decorum and courtesy4 ,papers presented in violation of this requirement will be returned4 ,separate letters 7but not necessarily in separate envelopes7 should be written for each distinct subject of inquiry1 such as assignments1 payments1 orders for printed copies of patents1 orders for copies of records1 and requests for other services4 ,none of these inquiries should be included with letters responding to ,office actions in applications4 ,when a letter concerns a patent application1 the correspondent must include the application number1 filing date1 and ,group ,art ,unit number4 ,when a letter concerns a patent1 it must include the name of the patentee1 the title of the invention1 the patent number1 and the date of issue4 ,an order for a copy of an assignment must give the book and page1 or reel and frame of the record1 as well as the name of the inventor2 otherwise1 an additional charge is made for the time consumed in making the search for the assignment4 ,applications for patents are not open to the public1 and no information concerning them is released except on written authority of the applicant1 his_/her assignee1 or his_/her attorney1 or when necessary to the conduct of the business of the ,,pto4 ,patents and related records1 including records of any decisions1 the records of assignments other than those relating to assignments of patent applications1 books1 and other records and papers in the ,office are open to the public4 ,they may be inspected in the ,patent and ,trademark ,office ,search ,room or copies may be ordered4 ,the ,office cannot respond to inquiries concerning the novelty and patentability of an invention in advance of the filing of an application2 give advice as to possible infringement of a patent2 advise of the propriety of filing an application2 respond to inquiries as to whether1 or to whom1 any alleged invention has been patented2 act as an expounder of the patent law or as counselor for individuals1 except in deciding questions arising before it in regularly filed cases4 ,information of a general nature may be furnished either directly or by supplying or calling attention to an appropriate publication4 ,library1 ,search ,room ,services and ,patent and ,trademark ,depository ,libraries ,the ,scientific and ,technical ,information ,center of the ,patent and ,trademark ,office located at ,crystal ,plaza #c1 #b;,c#ja1 #bjba ,jefferson ,davis ,highway1 ,arlington1 ,,va1 has available for public use over #abj1jjj volumes of scientific and technical books in various languages1 about #ij1jjj bound volumes of periodicals devoted to science and technology1 the official journals of #gg foreign patent organizations1 and over #dj million foreign patents on paper1 microfilm1 microfiche1 and ,,cd-,,rom4 ,the ,scientific and ,technical ,information ,center is open to the public from #h3cj a4m4 to #e3jj p4m41 ,monday through ,friday except federal holidays4 ,the ,patent ,search ,room located at ,crystal ,plaza #c1 #a;,a#ja1 #bjba ,jefferson ,davis ,highway1 ,arlington1 ,,va1 is provided where the public may search and examine ,united ,states patents granted since #agij4 ,patents are arranged according to the ,u4,s4 ,patent ,classification ,system of over #djj classes and over #acf1jjj subclasses4 ,by searching in these classified groupings of patents1 it is possible to determine1 before actually filing an application1 whether an invention has been anticipated by a ,united ,states patent1 and it is also possible to obtain the information contained in patents relating to any field of endeavor4 ,the ,patent ,search ,room contains a set of ,united ,states patents arranged in numerical order and a complete set of the ,official ,gazette4 ,a ,files ,information ,room also is maintained where the public may inspect the records and files of issued patents and other open records4 ,applicants1 their attorneys or agents1 and the general public are not entitled to use the records and files in the examiners' rooms4 ,the ,patent ,search ,room is open from #h a4m4 to #h p4m4 ,monday through ,friday except on ,federal holidays4 ,since a patent is not always granted when an application is filed1 many inventors attempt to make their own search of the prior patents and publications before applying for a patent4 ,this may be done in the ,patent ,search ,room of the ,patent and ,trademark ,office1 and in libraries1 located throughout the ,u4,s41 which have been designated as ,patent and ,trademark ,depository ,libraries 7,p,t,d,ls74 ,an inventor may make a preliminary search through the ,united ,states patents to discover if the particular invention or one similar to it has been shown in the prior patent4 ,an inventor may also employ patent attorneys or agents to perform the preliminary search4 ,this search is not always as complete as that made by the ,patent and ,trademark ,office during the examination of an application1 but only serves1 as its name indicates1 a preliminary purpose4 ,for this reason1 the ,patent and ,trademark ,office examiner may1 and often does1 reject claims in an application on the basis of prior patents or publications not found in the preliminary search4 ,those who cannot come to the ,patent ,search ,room may order from the ,patent and ,trademark ,office copies of lists of original patents or of cross-referenced patents contained in the subclasses comprising the field of search1 or may inspect and obtain copies of the patents at a ,patent and ,trademark ,depository ,library4 ,the ,patent and ,trademark ,depository ,libraries 7,p,t,d,ls7 receive current issues of ,u4,s4 ,patents and maintain collections of earlier issued patents and trademark information4 ,the scope of these collections varies from library to library1 ranging from patents of only recent years to all or most of the patents issued since #agij4 ,these patent collections are open to public use4 ,each of the ,p,t,d,ls1 in addition1 offers the publications of the ,u4,s4 ,patent ,classification ,system 7e4g41 ,manual of ,classification1 ,index to the ,u4,s4 ,patent ,classification ,system1 ,classification ,definitions1 etc47 and other patent documents and forms1 and provides technical staff assistance in their use to aid the public in gaining effective access to information contained in patents4 ,the collections are organized in patent number sequence4 ,available in all ,p,t,d,ls is the ,cassis ,,cd-,,rom system4 ,with various files1 it permits the effective identification of appropriate classifications to search1 provides numbers of patents assigned to a classification to facilitate finding the patents in a numerical file of patents1 provides the current classification7s7 of all patents1 permits word searching on classification titles1 and on abstracts1 and provides certain bibliographic information on more recently issued patents4 ,facilities for making paper copies from microfilm1 the paper bound volumes or ,,cd-,,rom are generally provided for a fee4 ,due to variations in the scope of patent collections among the ,p,t,d,ls and in their hours of service to the public1 anyone contemplating the use of the patents at a particular library is advised to contact that library1 in advance1 about its collection1 services1 and hours1 so as to avert possible inconvenience4 ,state ,name of ,library ,telephone ,alabama 99 ,auburn3 ,ralph ,brown #ccd-hdd-agdg ,draughon ,library1 ,auburn ,university ,birmingham ,public ,library #bje-bbf-cfbj ,alaska ,anchorage3 ,z4 ,j4 ,loussac #ijg-efb-gcbc ,public ,library1 ,anchorage ,municipal ,libraries ,arizona 99 ,tempe3 ,noble ,science and #fjb-ife-gjaj ,engineering ,library1 ,arizona ,state ,university ,arkansas 99 ,little ,rock3 ,arkansas #eja-fhb-bjec ,state ,library ,california 99 ,los ,angeles ,public ,library #bac-bbh-gbbj ,sacramento3 ,california ,state #iaf-fed-jjfi ,library ,san ,diego ,public ,library #fai-bcf-ehac 99 ,san ,francisco ,public #dae-eeg-dejj ,library 9999 ,sunnyvale ,center for #djh-gcj-gbij ,innovation1 ,invention and ,ideas ,colorado ,denver ,public ,library #cjc-fdj-fbbj ,delaware ,newark3 ,university of #cjb-hca-bife ,delaware ,library ,district of ,columbia ,washington3 ,founders #bjb-hjf-gbeb ,library1 ,howard ,university ,florida 99 ,fort ,lauderdale3 ,broward #ied-ceg-gddd ,county ,main ,library 99 ,miami-,dade ,public ,library #cje-cge-bffe ,orlando3 ,university of #djg-hbc-befb ,central ,florida ,libraries ,tampa ,campus ,library1 #hac-igd-bgbf ,university of ,south ,florida ,georgia ,atlanta3 ,library and #djd-hid-dejh ,information ,center1 ,georgia ,institute of ,technology ,hawaii 99 ,honolulu3 ,hawaii ,state #hjh-ehf-cdgg ,library ,idaho ,moscow3 ,university of ,idaho #bjh-hhe-fbce ,library ,illinois ,chicago ,public ,library #cab-gdg-ddej ,springfield3 ,illinois ,state #bag-ghb-efei ,library ,indiana ,indianapolis-,marion ,county #cag-bfi-agda ,public ,library ,west ,lafayette3 ,siegesmund #cag-did-bhgb ,engineering ,library1 ,purdue ,university ,iowa ,des ,moines3 ,state ,library of #eae-bha-daah ,iowa ,kansas 99 ,wichita3 ,ablah ,library1 #caf-igh-caee ,wichita ,state ,university ,kentucky 99 ,louisville ,free ,public #ejb-egd-afaa ,library ,louisiana ,baton ,rouge3 ,troy ,h4 #ejd-chh-hhge ,middleton ,library1 ,louisiana ,state ,university ,maine ,orono3 ,raymond ,h4 ,fogler #bjg-eha-afgh ,library1 ,university of ,maine ,maryland ,college ,park3 ,engineering #cja-dje-iaeg ,physical ,sciences ,library1 ,university of ,maryland ,massachusetts ,amherst3 ,physical ,sciences #dac-ede-acgj and ,engineering ,library1 ,university of ,massachusetts 99 ,boston ,public ,library #fag-ecf-edjj ,ext4 #bfe ,michigan ,ann ,arbor3 ,media ,union #cac-fdg-egce ,library1 ,the ,university of ,michigan ,big ,rapids3 ,abigail ,s4 ,timme #faf-eib-cfjb ,library1 ,ferris ,state ,university 9999 ,detroit3 ,great ,lakes #cac-hcc-ccgi ,patent and ,trademark ,center1 ,detroit ,public ,library ,minnesota 99 ,minneapolis ,public ,library #fab-cgb-fegj and ,information ,center ,mississippi ,jackson3 ,mississippi ,library #fja-cei-ajcf ,commission ,missouri 99 ,kansas ,city3 ,linda ,hall #haf-cfc-dfjj ,library ,st4 ,louis ,public ,library #cad-bda-bbhh ,ext4 #cij ,montana ,butte3 ,montana ,tech of the #djf-dif-dbha ,university of ,montana ,library ,nebraska 99 ,lincoln3 ,engineering #djb-dgb-cdaa ,library1 ,university of ,nebraska-,lincoln ,nevada ,reno3 ,university ,library1 #gjb-ghd-fejj ,university of ,nevada-,reno ,ext4 #beg ,new ,hampshire ,concord3 ,new ,hampshire ,state #fjc-bga-bbci ,library ,new ,jersey ,newark ,public ,library #bja-gcc-gghb ,piscataway3 ,library of #ijh-dde-bhie ,science and ,medicine1 ,rutgers ,university ,new ,mexico ,albuquerque3 ,centennial #eje-bgg-ddab ,science and ,engineering ,library1 ,the ,university of ,new ,mexico ,new ,york ,albany3 ,new ,york ,state #eah-dgd-ecee ,library 99 ,buffalo and ,erie ,county #gaf-heh-gaja ,public ,library ,new ,york3 ,science1 ,industry #bab-eib-gjjj and ,business ,library1 ,new ,york ,public ,library ,north ,carolina 99 ,raleigh3 ,d4,h4 ,hill #iai-eae-cbhj ,library1 ,north ,carolina ,state ,university ,north ,dakota ,grand ,forks3 ,chester ,fritz #gja-ggg-dhhh ,library1 ,university of ,north ,dakota ,ohio ,akron-,summit ,county ,public #ccj-fdc-ijge ,library ,cincinnati3 ,the ,public #eac-cfi-ficf ,library of ,cincinnati and ,hamilton ,county 99 ,cleveland ,public ,library #baf-fbc-bhgj ,columbus3 ,ohio ,state #fad-bib-fage ,university ,libraries 99 ,toledo_/,lucas ,county ,public #dai-bei-ebab ,library ,oklahoma 99 ,stillwater3 ,oklahoma ,state #dje-gdd-gjhf ,university ,oregon 99 ,portland3 ,lewis ,clark #ejc-gfh-fghf ,college ,pennsylvania 99 ,philadelphia3 ,the ,free #bae-fhf-ecca ,library of ,philadelphia ,pittsburgh3 ,the ,carnegie #dab-fbb-cach ,library of ,pittsburgh ,university ,park3 ,pattee #had-hfe-dhfa ,library1 ,pennsylvania ,state ,university ,puerto ,rico ,mayaguez3 ,general ,library1 #ghg-hcb-djdj ,university of ,puerto ,rico ,ext4 #cdei ,rhode ,island ,providence ,public ,library #dja-dee-hjbg ,south ,carolina ,clemson3 ,r4,m4 ,cooper #hfd-fef-cjbd ,library1 ,clemson ,university ,south ,dakota ,rapid ,city3 ,devereaux #fje-cid-abge ,library1 ,south ,dakota ,school of ,mines ,technology ,tennessee ,memphis ,shelby ,county #ija-gbe-hhgg ,public ,library and ,information ,center ,nashville3 ,stevenson ,science #fae-cbb-bgag and ,engineering ,library1 ,vanderbilt ,university ,texas ,austin3 ,mc,kinney ,engineering #eab-die-dejj ,library1 ,the ,university of ,texas at ,austin 99 ,college ,station3 ,sterling #dji-hde-chbf ,c4 ,evans ,library1 ,texas ,a,m ,university 99 ,dallas ,public ,library #bad-fgj-adfh ,houston3 ,the ,fondren #gac-ebg-haja ,library1 ,rice ,university ,ext4 #behg ,lubbock3 ,texas ,tech #hjf-gdb-bbhb ,university ,library ,utah 99 ,salt ,lake ,city3 ,marriott #hja-eha-hcid ,library1 ,university of ,utah ,vermont ,burlington3 ,bailey ,howe #hjb-fef-bedb ,library1 ,university of ,vermont ,virginia 99 ,richmond3 ,james ,branch #hjd-hbh-aajd ,cabell ,library1 ,virginia ,commonwealth ,university ,washington 99 ,seattle3 ,engineering #bjf-edc-jgdj ,library1 ,university of ,washington ,west ,virginia ,morgantown3 ,evansdale #cjd-bic-beaj ,library1 ,west ,virginia ,ext4 #aac ,university ,wisconsin ,madison3 ,kurt ,f4 ,wendt #fjh-bfb-fhde ,library1 ,university of ,wisconsin-,madison ,milwaukee ,public ,library #dad-bhf-cjea ,wyoming ,casper3 ,natrona ,county #cjg-bcg-dice ,public ,library ,note3 99 ,denotes ,,aps-,text access2 9999 denotes partnership ,,ptdl4 ,partnership ,libraries have access to ,,aps-,text1 ,,aps-,image1 and ,x-,search4 ,attorneys and ,agents ,the preparation of an application for patent and the conducting of the proceedings in the ,patent and ,trademark ,office to obtain the patent is an undertaking requiring the knowledge of patent law and rules and ,patent and ,trademark ,office practice and procedures1 as well as knowledge of the scientific or technical matters involved in the particular invention4 ,inventors may prepare their own applications and file them in the ,patent and ,trademark ,office and conduct the proceedings themselves1 but unless they are familiar with these matters or study them in detail1 they may get into considerable difficulty4 ,while a patent may be obtained in many cases by persons not skilled in this work1 there would be no assurance that the patent obtained would adequately protect the particular invention4 ,most inventors employ the services of registered patent attorneys or patent agents4 ,the law gives the ,patent and ,trademark ,office the power to make rules and regulations governing conduct and the recognition of patent attorneys and agents to practice before the ,patent and ,trademark ,office4 ,persons who are not recognized by the ,patent and ,trademark ,office for this practice are not permitted by law to represent inventors before the ,patent and ,trademark ,office4 ,the ,patent and ,trademark ,office maintains a register of attorneys and agents4 ,to be admitted to this register1 a person must comply with the regulations prescribed by the ,office1 which require a showing that the person is of good moral character and of good repute and that he_/she has the legal1 and scientific and technical qualifications necessary to render applicants for patents a valuable service4 ,certain of these qualifications must be demonstrated by the passing of an examination4 ,those admitted to the examination must have a college degree in engineering or physical science or the equivalent of such a degree4 ,the ,patent and ,trademark ,office registers both attorneys at law and persons who are not attorneys at law4 ,the former persons are now referred to as 8patent attorneys0 and the latter persons are referred to as 8patent agents40 ,insofar as the work of preparing an application for a patent and conducting the prosecution in the ,patent and ,trademark ,office is concerned1 patent agents are usually just as well qualified as patent attorneys1 although patent agents cannot conduct patent litigation in the courts or perform various services which the local jurisdiction considers as practicing law4 ,for example1 a patent agent could not draw up a contract relating to a patent1 such as an assignment or a license1 if the state in which he_/she resides considers drafting contracts as practicing law4 ,some individuals and organizations that are not registered advertise their services in the fields of patent searching and invention marketing and development4 ,such individuals and organizations cannot represent inventors before the ,patent and ,trademark ,office4 ,they are not subject to ,patent and ,trademark ,office discipline1 and the ,office cannot assist inventors in dealing with them4 ,the ,patent and ,trademark ,office cannot recommend any particular attorney or agent1 or aid in the selection of an attorney or agent1 as by stating1 in response to inquiry that a named patent attorney1 agent1 or firm1 is 8reliable0 or 8capable40 ,the ,patent and ,trademark ,office publishes a directory of all registered patent attorneys and agents who have indicated their availability to accept new clients1 arranged by states1 cities1 and foreign countries4 ,the ,directory may be purchased in paper form from the ,government ,printing ,office or from the ,,pto's ,office of ,electronic ,information on the ,cassis ,,assist ,,cd-,,rom disc4 ,it is also available on the ,,pto ,web site4 ,the telephone directories of most large cities have1 in the classified section1 a heading for patent attorneys under which those in that area are listed4 ,many large cities have associations of patent attorneys4 ,in employing a patent attorney or agent1 the inventor executes a power of attorney or authorization of agent which must be filed in the ,patent and ,trademark ,office and is usually a part of the application papers4 ,when an attorney or agent has been appointed1 the ,office does not communicate with the inventor directly but conducts the correspondence with the attorney or agent since he_/she is acting for the inventor thereafter although the inventor is free to contact the ,patent and ,trademark ,office concerning the status of his_/her application4 ,the inventor may remove the attorney or agent by revoking the power of attorney or authorization of agent4 ,the ,patent and ,trademark ,office has the power to disbar1 or suspend from practicing before it1 persons guilty of gross misconduct1 etc41 but this can only be done after a full hearing with the presentation of clear and convincing evidence concerning the misconduct4 ,the ,patent and ,trademark ,office will receive and1 in appropriate cases1 act upon complaints against attorneys and agents4 ,the fees charged to inventors by patent attorneys and agents for their professional services are not subject to regulation by the ,patent and ,trademark ,office4 ,definite evidence of overcharging may afford basis for ,patent and ,trademark ,office action1 but the ,office rarely intervenes in disputes concerning fees4 ,disclosure ,document ,one of the services provided for inventors is the acceptance and preservation by the ,patent and ,trademark ,office for a two year period of papers signed by the inventor7s7 disclosing an invention4 ,this disclosure is accepted as evidence of the dates of conception of the invention4 ,the ,disclosure ,document will be retained for two years and then be destroyed unless it is referred to in a separate letter in a related patent application within those two years4 ,disclosure ,documents may also be filed at selected ,patent and ,trademark ,depository ,libraries 7,p,t,d,ls71 presently including the ,sunnyvale 7,,ca7 ,center for ,innovation1 ,invention and ,ideas and ,great ,lakes ,patent and ,trademark ,center at the ,detroit 7,,mi7 ,public ,library4 ,a listing of ,p,t,d,ls is included in this pamphlet under the heading 8,library1 ,search ,room ,searches and ,patent and ,trademark ,depository ,libraries40 ,one copy of the document is kept at the ,,ptdl and the original documents are sent to the ,patent and ,trademark ,office for fee collection1 processing and retention4 ,disclosure ,documents are kept in confidence by the ,,pto4 ,the ,disclosure ,document is not a patent application and the date of its receipt in the ,,pto does not become the effective filing date of any patent application subsequently filed4 ,the benefits provided by the document will depend upon the adequacy of the disclosure and therefore1 it is recommended that the ,disclosure ,document be a clear and complete explanation of the manner and process of making and using the invention4 ,when the nature of the invention permits1 a drawing or sketch should be included4 ,a fee must accompany the disclosure4 ,see the current fee schedule4 ,to facilitate the ,,pto's electronic data capture and storage of the ,disclosure ,document1 it must be on white paper having dimensions not to exceed #h x #aa inches 7#ba4f ,x #bh4j cm7 with each page numbered4 ,text and drawings must be sufficiently dark to permit reproduction with commonly used office copying machines4 ,oversized papers1 even if foldable to the above dimensions will not be accepted4 ,attachments such as videotapes and working models will not be accepted and will be returned4 ,the ,disclosure ,document must be accompanied by a separate signed cover letter stating that it is submitted by1 or on behalf of1 the inventor7s7 and requesting that the material be received into the ,disclosure ,document ,program4 ,the original submission will not be returned4 ,a notice with an identifying number and date of receipt in the ,,pto will be mailed to the customer1 indicating that the ,disclosure ,document may be relied upon only as evidence and that a patent application should be diligently filed if patent protection is desired4 ,a brochure on ,disclosure ,documents is available by calling the ,,pto ,general ,information ,services at #a-hjj-ghf-iaii or #gjc-cjh-dceg4 ,who ,may ,apply for a ,patent ,according to the law1 only the inventor may apply for a patent1 with certain exceptions4 ,if a person who is not the inventor should apply for a patent1 the patent1 if it were obtained1 would be invalid4 ,the person applying in such a case who falsely states that he_/she is the inventor would also be subject to criminal penalties4 ,if the inventor is dead1 the application may be made by legal representatives1 that is1 the administrator or executor of the estate4 ,if the inventor is insane1 the application for patent may be made by a guardian4 ,if an inventor refuses to apply for a patent or cannot be found1 a joint inventor or a person having a proprietary interest in the invention may apply on behalf of the non-signing inventor4 ,if two or more persons make an invention jointly1 they apply for a patent as joint inventors4 ,a person who makes a financial contribution is not a joint inventor and cannot be joined in the application as an inventor4 ,it is possible to correct an innocent mistake in erroneously omitting an inventor or in erroneously naming a person as an inventor4 ,officers and employees of the ,patent and ,trademark ,office are prohibited by law from applying for a patent or acquiring1 directly or indirectly1 except by inheritance or bequest1 any patent or any right or interest in any patent4 ,application ,for ,patent ,non-,provisional ,application for a ,patent ,a non-provisional application for a patent is made to the ,assistant ,commissioner for ,patents and includes3 7#a7 ,a written document which comprises a specification 7description and claims71 and an oath or declaration2 7#b7 ,a drawing in those cases in which a drawing is necessary2 and 7#c7 ,the filing fee4 ,see the fee schedule4 ,all application papers must be in the ,english language or accompanied by a verified translation into the ,english language along with the required fee set forth in #cg ,,cfr #a4ag7k74 ,all application papers must be legibly written either by a typewriter or mechanical printer in permanent dark ink or its equivalent in portrait orientation on flexible1 strong1 smooth1 non-shiny1 durable and white paper4 ,the papers must be presented in a form having sufficient clarity and contrast between the paper and the writing to permit electronic reproduction4 ,the application papers must all be the same size--either #ba4j cm by #bi4g cm 7,,din size ,a#d7 or #ba4f cm by #bg4i cm 7#h by #aa inches71 with a top margins of at least #b4j cm 7 inch71 a left side margin of at least #b4e cm 7#a inch71 a right side margin of at least #b4j cm 7 inch7 and a bottom margin of at least #b4j cm 7 inch7 with no holes made in the submitted papers4 ,it is also required that the spacing on all papers be #a or double spaced and the application papers must be numbered consecutively 7centrally located above or below the text7 starting with page one4 ,the application for patent is not forwarded for examination until all required parts1 complying with the rules related thereto1 are received4 ,if any application is filed without all the required parts for obtaining a filing date 7incomplete or defective71 the applicant will be notified of the deficiencies and given a time period to complete the application filing 7a surcharge may be required7--at which time a filing date as of the date of such a completed submission will be obtained by the applicant4 ,if the omission is not corrected within a set1 specified time period1 the application will be returned or otherwise disposed of2 the filing fee if submitted will be refunded less a handling fee as set forth in the fee schedule4 ,it is desirable that all parts of the complete application be deposited in the ,office together2 otherwise each part must be signed and a letter must accompany each part1 accurately and clearly connecting it with the other parts of the application4 ,all applications received in the ,,pto are numbered in serial order and the applicant will be informed of the application serial number and filing date by a filing receipt4 ,the filing date of an application for patent is the date on which the names of the inventors1 a specification 7including claims7 and any required drawings are received in the ,,pto2 or the date on which the last part completing the application are received in the case of a previously incomplete or defective application4 ,provisional ,application for a ,patent ,since ,june #h1 #aiie1 the ,,pto has offered inventors the option of filing a provisional application for patent which was designed to provide a lower cost first patent filing in the ,united ,states and to give ,u4,s4 applicants parity with foreign applicants4 ,claims and oath or declaration are ,,not required for a provisional application4 ,provisional application provides the means to establish an early effective filing date in a patent application and permits the term 8,patent ,pending0 to be applied in connection with the invention4 ,provisional applications may not be filed for design inventions4 ,the filing date of a provisional application is the date on which a written description of the invention1 drawings if necessary1 and the name of the inventor7s7 are received in the ,,pto4 ,to be complete1 a provisional application must also include the filing fee1 and a cover sheet specifying that the application is a provisional application for patent4 ,applicant would then have up to twelve months to file a non-provisional application for patent as described above4 ,the claimed subject matter in the later filed non-provisional application is entitled to the benefit of the filing date of the provisional application if it has support in the provisional application4 ,provisional applications are not examined on their merits4 ,a provisional application will become abandoned by the operation of law twelve months from its filing date4 ,the twelve month pendency for a provisional application is not counted toward the #bj year term of a patent granted on a subsequently filed non-provisional application which relies on the filing date of the provisional application4 ,a surcharge is required for filing the basic filing fee or the cover sheet on a date later than the filing of the provisional application4 ,a brochure on ,provisional ,application for ,patent is available by calling the ,,pto ,general ,information ,services at #a-hjj-ghf-iaii or #gjc-cjh-dceg or by accessing ,,pto's ,web site at http3_/_/www4uspto4gov4 ,oath or ,declaration1 ,signature ,the oath or declaration of the applicant is required by law for a non-provisional application4 ,the inventor must make an oath or declaration that he_/she believes himself_/herself to be the original and first inventor of the subject matter of the application1 and he_/she must make various other allegations required by law and various allegations required by the ,patent and ,trademark ,office rules4 ,the oath must be sworn to by the inventor before a notary public or other officer authorized to administer oaths4 ,a declaration may be used in lieu of an oath as part of the original application for a patent involving designs1 plants1 and other patentable inventions2 for reissue patents2 when claiming matter originally shown or described but not originally claimed2 or when filing a divisional or continuing application4 ,a declaration does not need to be notarized4 ,the oath or declaration must be signed by the inventor in person1 or by the person entitled by law to make application on the inventor's behalf4 ,a full first and last name with middle initial or name1 if any1 of each inventor are required4 ,the post office address and citizenship of each inventor are also required4 ,sample forms are available by calling the ,,pto ,general ,information ,services at #hjj-ghf-iaii or #gjc-cjh-dceg or by accessing ,,pto ,web site at http3_/_/www4uspto4gov under the section titled 8,,pto ,forms40 ,the papers in a complete application will not be returned for any purpose whatsoever1 nor will the filing fee be returned4 ,if applicants have not preserved copies of the papers1 the ,office will furnish copies for a fee4 ,filing ,fees#a ,footnote #a3 ,please ,note3 ,the fees are current as of the revision date4 ,fees are subject to change in ,october of each year and should therefore be verified before submission to the ,,pto4 ,a fee schedule may be obtained by writing to ,commissioner of ,patents and ,trademarks1 ,washington1 ,d4,c4 #bjbca--;,attention3 ,general ,information ,services or by calling the ,general ,information ,services at #hjj-ghf-iaii or #gjc-cjh-dceg or from the ,,pto ,web site at http3_/_/www4uspto4gov4 ,the filing fee of a non-provisional application1 except in design and plant cases1 consists of a basic fee and additional fees4 ,the basic fee entitles the applicant to present twenty 7#bj7 claims1 including not more than three 7#c7 in independent form4 ,an additional fee is required for each claim in independent form which is in excess of three 7#c7 and an additional fee is required for each claim 7whether independent or dependent7 which is in excess of a total of twenty 7#bj7 claims4 ,if the application contains multiple dependent claims1 additional fees are required4 ,if the owner of the invention is a small entity1 7an independent inventor1 a small business concern or a non-profit organization71 the filing fees are reduced by half if the small entity files a verified statement claiming small entity status4 ,to avoid errors in the payment of fees it is suggested that the table in the enclosed patent application transmittal letter be utilized to calculate the fee payment4 ,in calculating fees1 a claim is in singularly dependent form if it incorporates by reference a single preceding claim which may be an independent or a dependent claim4 ,a multiple dependent claim or any claim depending therefrom shall be considered as separate dependent claims in accordance with the number of claims to which reference is made4 ,the law also provides for the payment of additional fees on presentation of additional claims after the application is filed4 ,when an amendment is filed which presents additional claims over the total number already paid for1 or additional independent claims over the number of independent claims already accounted for1 it must be accompanied by any additional fees due4 ,specification 7,description and ,claims7 ,the following order of arrangement should be observed in framing the application3 7a7 ,application transmittal form4 7b7 ,fee transmittal form4 7c7 ,title of the ,invention4 7d7 ,cross ,reference to related applications 7if any74 7e7 ,statement of federally sponsored research_/development 7if any74 7f7 ,reference to a microfiche appendix 7if any74 7g7 ,background of the ,invention4 7h7 ,brief ,summary of the ,invention4 7i7 ,brief description of the several views of the drawing 7if any74 7j7 ,detailed ,description of the ,invention4 7k7 ,claim or claims4 7#a7 ,abstract of the disclosure4 7m7 ,drawings 7if any74 7n7 ,executed oath or declaration4 7o7 ,sequence listing 7if any74 7p7 ,plant ,color ,coding ,sheet 7applicable in plant patent applications74 ,the specification must include a written description of the invention and of the manner and process of making and using it1 and is required to be in such full1 clear1 concise1 and exact terms as to enable any person skilled in the technological area to which the invention pertains1 or with which it is most nearly connected1 to make and use the same4 ,the specification must set forth the precise invention for which a patent is solicited1 in such manner as to distinguish it from other inventions and from what is old4 ,it must describe completely a specific embodiment of the process1 machine1 manufacture1 composition of matter1 or improvement invented1 and must explain the mode of operation or principle whenever applicable4 ,the best mode contemplated by the inventor for carrying out the invention must be set forth4 ,in the case of an improvement1 the specification must particularly point out the part or parts of the process1 machine1 manufacture1 or composition of matter to which the improvement relates1 and the description should be confined to the specific improvement and to such parts as necessarily cooperate with it or as may be necessary to a complete understanding or description of it4 ,the title of the invention1 which should be as short and specific as possible1 should appear as a heading on the first page of the specification1 if it does not otherwise appear at the beginning of the application4 ,a brief abstract of the technical disclosure in the specification including that which is new in the art to which the invention pertains1 must be set forth on a separate page immediately following the claims4 ,the abstract should be in the form of a single paragraph of #bej words or less1 under the heading 8,abstract of the ,disclosure40 ,a brief summary of the invention indicating its nature and substance1 which may include a statement of the object of the invention should precede the detailed description4 ,the summary should be commensurate with the invention as claimed and any object recited should be that of the invention as claimed4 ,when there are drawings1 there shall be a brief description of the several views of the drawings1 and the detailed description of the invention shall refer to the different views by specifying the numbers of the figures1 and to the different parts by use of reference numerals4 ,the specification must conclude with a claim or claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as the invention4 ,the portion of the application in which the applicant sets forth the claim or claims is an important part of the application1 as it is the claims that define the scope of the protection afforded by the patent and which questions of infringement are judged by the courts4 ,more than one claim may be presented provided they differ substantially from each other and are not unduly multiplied4 ,one or more claims may be presented in dependent form1 referring back to and further limiting another claim or claims in the same application4 ,any dependent claim which refers back to more than one other claim is considered a 8multiple dependent claim40 ,multiple dependent claims shall refer to such other claims in the alternative only4 ,a multiple dependent claim shall not serve as a basis for any other multiple dependent claim4 ,claims in dependent form shall be construed to include all of the limitations of the claim incorporated by reference into the dependent claim4 ,a multiple dependent claim shall be construed to incorporate all the limitations of each of the particular claims in relation to which it is being considered4 ,the claim or claims must conform to the invention as set forth in the remainder of the specification and the terms and phrases used in the claims must find clear support or antecedent basis in the description so that the meaning of the terms in the claims may be ascertainable by reference to the description4 ,drawing ,the applicant for a patent will be required by law to furnish a drawing of the invention whenever the nature of the case requires a drawing to understand the invention4 ,however1 the ,commissioner may require a drawing where the nature of the subject matter admits of it2 this drawing must be filed with the application4 ,this includes practically all inventions except compositions of matter or processes1 but a drawing may also be useful in the case of many processes4 ,the drawing must show every feature of the invention specified in the claims1 and is required by the ,office rules to be in a particular form4 ,the ,office specifies the size of the sheet on which the drawing is made1 the type of paper1 the margins1 and other details relating to the making of the drawing4 ,the reason for specifying the standards in detail is that the drawings are printed and published in a uniform style when the patent issues1 and the drawings must also be such that they can be readily understood by persons using the patent descriptions4 ,no names or other identification will be permitted within the 8sight0 of the drawing1 and applicants are expected to use the space above and between the hole locations to identify each sheet of drawings4 ,this identification may consist of the attorney's name and docket number or the inventor's name and case number and may include the sheet number and the total number of sheets filed 7for example1 8sheet #b of #d074 ,the following rule1 reproduced from title #cg of the ,code of ,federal ,regulations1 relates to the standards for drawings3 #a4hd ,standards for drawings4 7a7 ,drawings4 ,there are two acceptable categories for presenting drawings in utility patent applications3 7#a7 ,black ink4 ,black and white drawings are normally required4 ,india ink1 or its equivalent that secures solid black lines1 must be used for drawings1 or 7#b7 ,color4 ,on rare occasions1 color drawings may be necessary as the only practical medium by which to disclose the subject matter sought to be patented in a utility patent application or the subject matter of a statutory invention registration4 ,the ,patent and ,trademark ,office will accept color drawings in utility patent applications and statutory invention registrations only after granting a petition filed under this paragraph explaining why the color drawings are necessary4 ,any such petition must include the following3 7i7 ,the appropriate fee set forth in #cg ,,cfr #a4ag7;h72 7ii7 ,three 7#c7 sets of color drawings2 and 7iii7 ,the specification must contain the following language as the first paragraph in that portion of the specification relating to the brief description of the drawing3 8,the file of this patent contains at least one drawing executed in color4 ,copies of this patent with color drawing7s7 will be provided by the ,patent and ,trademark ,office upon request and payment of the necessary fee40 ,if the language is not in the specification1 a proposed amendment to insert the language must accompany the petition4 7b7 ,photographs4 7#a7 ,black and white4 ,photographs are not ordinarily permitted in utility and design patent applications4 ,however1 the ,office will accept photographs in utility and design patent applications only after granting a petition filed under this paragraph which requests that photographs be accepted4 ,any such petition must include the following3 7i7 ,the appropriate fee set forth in #cg ,,cfr #a4ag7;h72 and 7ii7 ,three 7#c7 sets of photographs4 ,photographs must either be developed on double weight photographic paper or be permanently mounted on ,bristol board4 ,the photographs must be of sufficient quality so that all details in the drawing are reproducible in the printed patent4 7#b7 ,color4 ,color photographs will be accepted in utility patent applications if the conditions for accepting color drawings have been satisfied4 ,see paragraph 7a77#b7 of this section4 7c7 ,identification of drawings4 ,identifying indicia1 if provided1 should include the application number or the title of the invention1 inventor's name1 docket number 7if any71 and the name and telephone number of a person to call if the ,office is unable to match the drawings to the proper application4 ,this information should be placed on the back of each sheet of drawings a minimum distance of #a4e cm4 7 inch7 down from the top of the page4 ,in addition1 a reference to the application number1 or1 if an application number has not been assigned1 the inventor's name1 may be included in the left-hand corner provided that the reference appears within #a4e cm4 7#iaf inch7 from the top of the sheet4 7d7 ,graphic forms in drawings4 ,chemical or mathematical formulae1 tables1 and waveforms may be submitted as drawings and are subject to the same requirements as drawings4 ,each chemical or mathematical formula must be labeled as a separate figure1 using brackets when necessary1 to show that information is properly integrated4 ,each group of waveforms must be presented as a single figure1 using a common vertical axis with time extending along the horizontal axis4 ,each individual waveform discussed in the specification must be identified with a separate letter designation adjacent to the vertical axis4 7e7 ,type of paper4 ,drawings submitted to the ,office must be made on paper which is flexible1 strong1 white1 smooth1 non-shiny1 and durable4 ,all sheets must be free from cracks1 creases1 and folds4 ,only one side of the sheet shall be used for the drawing4 ,each sheet must be reasonably free from erasures and must be free from alterations1 overwritings1 and interlineations4 ,photographs must either be developed on double weight photographic paper or be permanently mounted on ,bristol board4 ,see paragraph 7b7 of this section for other requirements for photographs4 7f7 ,size of paper4 ,all drawing sheets in an application must be the same size4 ,one of the shorter sides of the sheet is regarded as its top4 ,the size of the sheets on which drawings are made must be3 7#a7 #ba4j cm4 by #bi4g cm4 7,,din size ,a#d71 or 7#b7 #ba4f cm4 by #bg4i cm4 7#h by #aa inches74 7g7 ,margins4 ,the sheets must not contain frames around the sight2 i4e41 the usable surface1 but should have scan target points1 i4e41 cross-hairs1 printed on two catercorner margin corners4 ,each sheet must include a top margin of at least #b4e cm4 7#a inch71 a left side margin of at least #b4e cm4 7#a inch71 a right side margin of at least #a4e cm4 7#iaf inch71 and a bottom margin of at least #a4j cm4 7 inch71 thereby leaving a sight no greater than #ag4j cm4 by #bf4b cm4 on #ba4j cm4 by #bi4g cm4 7,,din size ,a#d7 drawing sheets1 and a sight no greater than #ag4f cm4 by #bd4d cm4 7#faeaf by #i inches7 on #ba4f cm4 by #bg4i cm4 7#h by #aa inch7 drawing sheets4 7h7 ,views4 ,the drawing must contain as many views as necessary to show the invention4 ,the views may be plan1 elevation1 section1 or perspective views4 ,detail views of portions of elements1 on a larger scale if necessary1 may also be used4 ,all views of the drawing must be grouped together and arranged on the sheet7s7 without wasting space1 preferably in an upright position1 clearly separated from one another1 and must not be included in the sheets containing the specifications1 claims1 or abstract4 ,views must not be connected by projection lines and must not contain center lines4 ,waveforms of electrical signals may be connected by dashed lines to show the relative timing of the waveforms4 7#a7 ,exploded views4 ,exploded views1 with the separated parts embraced by a bracket1 to show the relationship or order of assembly of various parts are permissible4 ,when an exploded view is shown in a figure which is on the same sheet as another figure1 the exploded view should be placed in brackets4 7#b7 ,partial views4 ,when necessary1 a view of a large machine or device in its entirety may be broken into partial views on a single sheet1 or extended over several sheets if there is no loss in facility of understanding the view4 ,partial views drawn on separate sheets must always be capable of being linked edge to edge so that no partial view contains parts of another partial view4 ,a smaller scale view should be included showing the whole formed by the partial views and indicating the positions of the parts shown4 ,when a portion of a view is enlarged for magnification purposes1 the view and the enlarged view must each be labeled as separate views4 7i7 ,where views on two or more sheets form1 in effect1 a single complete view1 the views on the several sheets must be so arranged that the complete figure can be assembled without concealing any part of any of the views appearing on the various sheets4 7ii7 ,a very long view may be divided into several parts placed one above the other on a single sheet4 ,however1 the relationship between the different parts must be clear and unambiguous4 7#c7 ,sectional views4 ,the plane upon which a sectional view is taken should be indicated on the view from which the section is cut by a broken line4 ,the ends of the broken line should be designated by ,arabic or ,roman numerals corresponding to the view number of the sectional view1 and should have arrows to indicate the direction of sight4 ,hatching must be used to indicate section portions of an object1 and must be made by regularly spaced oblique parallel lines spaced sufficiently apart to enable the lines to be distinguished without difficulty4 ,hatching should not impede the clear reading of the reference characters and lead lines4 ,if it is not possible to place reference characters outside the hatched area1 the hatching may be broken off wherever reference characters are inserted4 ,hatching must be at a substantial angle to the surrounding axes or principal lines1 preferably #de4 ,a cross section must be set out and drawn to show all of the materials as they are shown in the view from which the cross section was taken4 ,the parts in cross section must show proper material7s7 by hatching with regularly spaced parallel oblique strokes1 the space between strokes being chosen on the basis of the total area to be hatched4 ,the various parts of a cross section of the same item should be hatched in the same manner and should accurately and graphically indicate the nature of the material7s7 that is illustrated in cross section4 ,the hatching of juxtaposed different elements must be angled in a different way4 ,in the case of large areas1 hatching may be confined to an edging drawn around the entire inside of the outline of the area to be hatched4 ,different types of hatching should have different conventional meanings as regards the nature of a material seen in cross section4 7#d7 ,alternate position4 ,a moved position may be shown by a broken line superimposed upon a suitable view if this can be done without crowding2 otherwise1 a separate view must be used for this purpose4 7#e7 ,modified forms4 ,modified forms of construction must be shown in separate views4 7i7 ,arrangement of views4 ,one view must not be placed upon another or within the outline of another4 ,all views on the same sheet should stand in the same direction and1 if possible1 stand so that they can be read with the sheet held in an upright position4 ,if views wider than the width of the sheet are necessary for the clearest illustration of the invention1 the sheet may be turned on its side so that the top of the sheet1 with the appropriate top margin to be used as the heading space1 is on the right-hand side4 ,words must appear in a horizontal1 left-to-right fashion when the page is either upright or turned so that the top becomes the right side1 except for graphs utilizing standard scientific convention to denote the axis of abscissas 7of ,x7 and the axis of ordinates 7of ,y74 7j7 ,view for ,official ,gazette4 ,one of the views should be suitable for publication in the ,official ,gazette as the illustration of the invention4 7k7 ,scale4 7#a7 ,the scale to which a drawing is made must be large enough to show the mechanism without crowding when the drawing is reduced in size to two-thirds in reproduction4 ,views of portions of the mechanism on a larger scale should be used when necessary to show details clearly4 ,two or more sheets may be used if one does not give sufficient room4 ,the number of sheets should be kept to a minimum4 7#b7 ,when approved by the examiner1 the scale of the drawing may be graphically represented4 ,indications such as 8actual size0 or 8scale 0 on the drawings1 are not permitted1 since these lose their meaning with reproduction in a different format4 7#c7 ,elements of the same view must be in proportion to each other1 unless a difference in proportion is indispensable for the clarity of the view4 ,instead of showing elements in different proportion1 a supplementary view may be added giving a larger-scale illustration of the element of the initial view4 ,the enlarged element shown in the second view should be surrounded by a finely drawn or 8dot-dash0 circle in the first view indicating its location without obscuring the view4 7l7 ,character of lines1 numbers1 and letters4 ,all drawings must be made by a process which will give them satisfactory reproduction characteristics4 ,every line1 number1 and letter must be durable1 clean1 black 7except for color drawings71 sufficiently dense and dark1 and uniformly thick and well-defined4 ,the weight of all lines and letters must be heavy enough to permit adequate reproduction4 ,this requirement applies to all lines however fine1 to shading1 and to lines representing cut surfaces in sectional views4 ,lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning4 7m7 ,shading4 ,the use of shading in views is encouraged if it aids in understanding the invention and if it does not reduce legibility4 ,shading is used to indicate the surface or shape of spherical1 cylindrical1 and conical elements of an object4 ,flat parts may also be lightly shaded4 ,such shading is preferred in the case of parts shown in perspective1 but not for cross sections4 ,see paragraph 7h77#c7 of this section4 ,spaced lines for shading are preferred4 ,these lines must be thin1 as few in number as practicable1 and they must contrast with the rest of the drawings4 ,as a substitute for shading1 heavy lines on the shade side of objects can be used except where they superimpose on each other or obscure reference characters4 ,light should come from the upper left corner at an angle of #de4 ,surface delineations should preferably be shown by proper shading4 ,solid black shading areas are not permitted1 except when used to represent bar graphs or color4 7n7 ,symbols4 ,graphical drawing symbols may be used for conventional elements when appropriate4 ,the elements for which such symbols and labeled representations are used must be adequately identified in the specification4 ,known devices should be illustrated by symbols which have a universally recognized conventional meaning and are generally accepted in the art4 ,other symbols which are not universally recognized may be used1 subject to approval by the ,office1 if they are not likely to be confused with existing conventional symbols1 and if they are readily identifiable4 7o7 ,legends4 ,suitable descriptive legends may be used1 or may be required by the ,examiner1 where necessary for understanding of the drawing1 subject to approval by the ,office4 ,they should contain as few words as possible4 7p7 ,numbers1 ,letters1 and reference characters4 7#a7 ,reference characters 7numerals are preferred71 sheet numbers1 and view numbers must be plain and legible1 and must not be used in association with brackets or inverted commas1 or enclosed within outlines1 e4g41 encircled4 ,they must be oriented in the same direction as the view so as to avoid having to rotate the sheet4 ,reference characters should be arranged to follow the profile of the object depicted4 7#b7 ,the ,english alphabet must be used for letters1 except where another alphabet is customarily used1 such as the ,greek alphabet to indicate angles1 wavelengths1 and mathematical formulas4 7#c7 ,numbers1 letters1 and reference characters must measure at least 4#cb cm4 7 inch7 in height4 ,they should not be placed in the drawing so as to interfere with its comprehension4 ,therefore1 they should not cross or mingle with the lines4 ,they should not be placed upon hatched or shaded surfaces4 ,when necessary1 such as indicating a surface or cross section1 a reference character may be underlined and a blank space may be left in the hatching or shading where the character occurs so that it appears distinct4 7#d7 ,the same part of an invention appearing in more than one view of the drawing must always be designated by the same reference character1 and the same reference character must never be used to designate different parts4 7#e7 ,reference characters not mentioned in the description shall not appear in the drawings4 ,reference characters mentioned in the description must appear in the drawings4 7q7 ,lead lines4 ,lead lines are those lines between the reference characters and the details referred to4 ,such lines may be straight or curved and should be as short as possible4 ,they must originate in the immediate proximity of the reference character and extend to the feature indicated4 ,lead lines must not cross each other4 ,lead lines are required for each reference character except for those which indicate the surface or cross section on which they are placed4 ,such a reference character must be underlined to make it clear that a lead line has not been left out by mistake4 ,lead lines must be executed in the same way as lines in the drawing4 ,see paragraph 7#a7 of this section4 7r7 ,arrows4 ,arrows may be used at the ends of lines1 provided that their meaning is clear1 as follows3 7#a7 ,on a lead line1 a freestanding arrow to indicate the entire section towards which it points2 7#b7 ,on a lead line1 an arrow touching a line to indicate the surface shown by the line looking along the direction of the arrow2 or 7#c7 ,to show the direction of movement4 7s7 ,copyright or ,mask ,work ,notice4 ,a copyright or mask work notice may appear in the drawing1 but must be placed within the sight of the drawing immediately below the figure representing the copyright or mask work material and be limited to letters having a print size of 4#cb cm4 to 4#fd cm4 7 to inches7 high4 ,the content of the notice must be limited to only those elements provided for by law4 ,for example1 8e#aihc ,john ,doe0 7#ag ,u4,s4,c4 #dja7 and 899,m99 ,john ,doe0 7#ag ,u4,s4,c4 #iji7 would be properly limited and1 under current statutes1 legally sufficient notices of copyright and mask work1 respectively4 ,inclusion of a copyright or mask work notice will be permitted only if the authorization language set forth in w #a4ga7;e7 is included at the beginning 7preferably as the first paragraph7 of the specification4 7t7 ,numbering of sheets of drawings4 ,the sheets of drawings should be numbered in consecutive ,arabic numerals1 starting with #a1 within the sight as defined in paragraph 7g7 of this section4 ,these numbers1 if present1 must be placed in the middle of the top of the sheet1 but not in the margin4 ,the numbers can be placed on the right-hand side if the drawing extends too close to the middle of the top edge of the usable surface4 ,the drawing sheet numbering must be clear and larger than the numbers used as reference characters to avoid confusion4 ,the number of each sheet should be shown by two ,arabic numerals placed on either side of an oblique line1 with the first being the sheet number and the second being the total number of sheets of drawings1 with no other marking4 7u7 ,numbering of views4 7#a7 ,the different views must be numbered in consecutive ,arabic numerals1 starting with #a1 independent of the numbering of the sheets and1 if possible1 in the order in which they appear on the drawing sheet7s74 ,partial views intended to form one complete view1 on one or several sheets1 must be identified by the same number followed by a capital letter4 ,view numbers must be preceded by the abbreviation 8,,fig40 ,where only a single view is used in an application to illustrate the claimed invention1 it must not be numbered and the abbreviation 8,,fig40 must not appear4 7#b7 ,numbers and letters identifying the views must be simple and clear and must not be used in association with brackets1 circles1 or inverted commas4 ,the view numbers must be larger than the numbers used for reference characters4 7v7 ,security markings4 ,authorized security markings may be placed on the drawings provided they are outside the sight1 preferably centered in the top margin4 7w7 ,corrections4 ,any corrections on drawings submitted to the ,office must be durable and permanent4 7x7 ,holes4 ,no holes should be made by applicant in the drawing sheets4 ,the requirements relating to drawings are strictly enforced1 but a drawing not complying with all of the regulations may be accepted for purpose of examination1 and correction or a new drawing will be required later4 ,applicants are advised to employ competent draftsmen to make their drawings4 ,models1 ,exhibits1 ,specimens ,models are not required in most patent applications since the description of the invention in the specification and the drawings must be sufficiently full1 clear1 and complete and capable of being understood to disclose the invention without the aid of a model4 ,a model will not be admitted unless specifically requested by the examiner4 ,a working model1 or other physical exhibit1 may be required by the ,office if deemed necessary4 ,this is not done very often4 ,a working model may be requested in the case of applications for patent for alleged perpetual motion devices4 ,when the invention relates to a composition of matter1 the applicant may be required to furnish specimens of the composition1 or of its ingredients or intermediates1 for inspection or experiment4 ,if the invention is a microbiological invention1 a deposit of the micro-organism involved is required4 ,examination of ,applications and ,proceedings in the ,patent and ,trademark ,office ,applications1 other than provisional applications1 filed in the ,patent and ,trademark ,office and accepted as complete applications are assigned for examination to the respective examining groups having charge of the areas of technology related to the invention4 ,in the examining group1 applications are taken up for examination by the examiner to whom they have been assigned in the order in which they have been filed or in accordance with examining procedures established by the ,commissioner4 ,applications will not be advanced out of turn for examination or for further action except as provided by the rules1 or upon order of the ,commissioner to expedite the business of the ,office1 or upon a verified showing which1 in the opinion of the ,commissioner1 will justify advancing them4 ,the examination of the application consists of a study of the application for compliance with the legal requirements and a search through ,united ,states patents1 foreign patent documents1 and available literature1 to see if the claimed invention is new and nonobvious4 ,a decision is reached by the examiner in the light of the study and the result of the search4 ,as a result of the examination by the ,office1 patents are granted in the case of about two out of every three applications for patents which are filed4 ,office ,action ,the applicant is notified in writing of the examiner's decision by an 8action0 which is normally mailed to the attorney or agent of record4 ,the reasons for any adverse action or any objection or requirement are stated in the action and such information or references are given as may be useful in aiding the applicant to judge the propriety of continuing the prosecution of his_/her application4 ,if the claimed invention is not directed to patentable subject matter1 the claims will be rejected4 ,if the examiner finds that the claimed invention lacks novelty or differs only in an obvious manner from what is found in the prior art1 the claims may also be rejected4 ,it is not uncommon for some or all of the claims to be rejected on the first office action by the examiner1 relatively few applications are allowed as filed4 ,applicant's ,response ,the applicant must request reconsideration in writing1 and must distinctly and specifically point out the supposed errors in the examiner's action4 ,the applicant must respond to every ground of objection and rejection in the prior ,office action 7except that a request may be made that objections or requirements as to form not necessary to further consideration of the claims be held in abeyance until allowable subject matter is indicated74 ,the applicant's action must appear throughout to be a bona fide attempt to advance the case to final action4 ,the mere allegation that the examiner has erred will not be received as a proper reason for such reconsideration4 ,in amending an application in response to a rejection1 the applicant must clearly point out why he_/she thinks the amended claims are patentable in view of the state of the art disclosed by the prior references cited or the objections made4 ,he_/she must also show how the claims as amended avoid such references or objections4 ,after response by the applicant the application will be reconsidered1 and the applicant will be notified as to the status of the claims1 that is1 whether the claims are rejected1 or objected to1 or whether the claims are allowed1 in the same manner as after the first examination4 ,the second ,office action usually will be made final4 ,final ,rejection ,on the second or later consideration1 the rejection or other action may be made final4 ,the applicant's response is then limited to appeal in the case of rejection of any claim and further amendment is restricted4 ,petition may be taken to the ,commissioner in the case of objections or requirements not involved in the rejection of any claim4 ,response to a final rejection or action must include cancellation of1 or appeal from the rejection of1 each claim so rejected and1 if any claim stands allowed1 compliance with any requirement or objection as to form4 ,in making such final rejection1 the examiner repeats or states all grounds of rejection then considered applicable to the claims in the application4 ,interviews with examiners may be arranged1 but an interview does not remove the necessity for response to ,office actions within the required time1 and the action of the ,office is based solely on the written record4 ,restrictions ,if two or more inventions are claimed in a single application1 and are regarded by the ,office to be of such a nature that a single patent should not be issued for both of them1 the applicant will be required to limit the application to one of the inventions4 ,the other invention may be made the subject of a separate application which1 if filed while the first application is still pending1 will be entitled to the benefit of the filing date of the first application4 ,a requirement to restrict the application to one invention may be made before further action by the examiner4 ,amendments to ,application ,following are some details concerning amendments to the application3 ,the applicant may amend before or after the first examination and action as specified in the rules1 or when and as specifically required by the examiner4 ,after final rejection or action1 amendments may be made canceling claims or complying with any requirement of form which has been made but the admission of any such amendment or its refusal1 and any proceedings relative thereto1 shall not operate to relieve the application from its condition as subject to appeal or to save it from abandonment4 ,if amendments touching the merits of the application are presented after final rejection1 or after appeal has been taken1 or when such amendment might not otherwise be proper1 they may be admitted upon a showing of good and sufficient reasons why they are necessary and were not earlier presented4 ,no amendment can be made as a matter of right in appealed cases4 ,after decision on appeal1 amendments can only be made as provided in the rules4 ,the specifications1 claims1 and drawing must be amended and revised when required1 to correct inaccuracies of description and definition or unnecessary words1 and to secure correspondence between the claims1 the description1 and the drawing4 ,all amendments of the drawings or specifications1 and all additions thereto must not include new matter beyond the original disclosure4 ,matter not found in either1 involving a departure from or an addition to the original disclosure1 cannot be added to the application even though supported by a supplemental oath or declaration1 and can be shown or claimed only in a separate application4 ,the claims may be amended by canceling particular claims1 by presenting new claims1 or by amending the language of particular claims 7such amended claims being in effect new claims74 ,in presenting new or amended claims1 the applicant must point out how they avoid any reference or ground rejection of record which may be pertinent4 ,erasures1 additions1 insertions1 or alterations of the papers and records must not be made by the applicant4 ,amendments are made by filing a paper1 directing or requesting that specified changes or additions be made4 ,the exact word or words to be stricken out or inserted in the application must be specified and the precise point indicated where the deletion or insertion is to be made4 ,amendments are 8entered0 by the ,office by making the proposed deletions by drawing a line in red ink through the word or words canceled and by making the proposed substitutions or insertions in red ink4 ,small insertions are written in at the designated place and larger insertions are indicated by reference4 ,no change in the drawing may be made except by permission of the ,office4 ,changes in the construction shown in any drawing may be made only by submitting new drawings4 ,a sketch in permanent ink showing proposed changes1 to become part of the record1 must be filed for approval by the ,office before the new drawings are filed4 ,the paper requesting amendments to the drawing should be separate from other papers4 ,if the number or nature of the amendments render it difficult to consider the case1 or to arrange the papers for printing or copying1 the examiner may require the entire specification or claims1 or any part thereof1 to be rewritten4 ,the original numbering of the claims must be preserved throughout the prosecution4 ,when claims are canceled1 the remaining claims must not be renumbered4 ,when claims are added by amendment or substituted for canceled claims1 they must be numbered by the applicant consecutively beginning with the number next following the highest numbered claim previously presented4 ,when the application is ready for allowance1 the examiner1 if necessary1 will renumber the claims consecutively in the order in which they appear or in such order as may have been requested by applicant4 ,time for ,response and ,abandonment ,the response of an applicant to an action by the ,office must be made within a prescribed time limit4 ,the maximum period for response is set at #f months by the statute which also provides that the ,commissioner may shorten the time for reply to not less than #cj days4 ,the usual period for response to an ,office action is #c months4 ,a shortened time for reply may be extended up to the maximum #f-month period4 ,an extension of time fee is normally required to be paid if the response period is extended4 ,the amount of the fee is dependent upon the length of the extension4 ,if no reply is received within the time period1 the application is considered as abandoned and no longer pending4 ,however1 if it can be shown that the failure to prosecute was unavoidable or unintentional1 the application may be revived by the ,commissioner4 ,the revival requires a petition to the ,commissioner1 and a fee for the petition1 which should be filed without delay4 ,the proper response must also accompany the petition if it has not yet been filed4 ,appeal to the ,board of ,patent ,appeals and ,interferences and to the ,courts ,if the examiner persists in the rejection of any of the claims in an application1 or if the rejection has been made final1 the applicant may appeal to the ,board of ,patent ,appeals and ,interferences in the ,patent and ,trademark ,office4 ,the ,board of ,patent ,appeals and ,interferences consists of the ,commissioner of ,patents and ,trademarks1 the ,deputy ,commissioner1 the ,assistant ,commissioners1 and the administrative patent judges1 but normally each appeal is heard by only three members4 ,an appeal fee is required and the applicant must file a brief to support his_/her position4 ,an oral hearing will be held if requested upon payment of the specified fee4 ,as an alternative to appeal1 in situations where an applicant desires consideration of different claims or further evidence1 a new continuation application is often filed4 ,the new application requires a filing fee and should submit the claims and evidence for which consideration is desired4 ,if it is filed before expiration of the period for appeal and specific reference is made therein to the earlier application1 applicant will be entitled to the earlier filing date for subject matter common to both applications4 ,if the decision of the ,board of ,patent ,appeals and ,interferences is still adverse to the applicant1 an appeal may be taken to the ,court of ,appeals for the ,federal ,circuit or a civil action may be filed against the ,commissioner in the ,united ,states ,district ,court for the ,district of ,columbia4 ,the ,court of ,appeals for the ,federal ,circuit will review the record made in the ,office and may affirm or reverse the ,office's action4 ,in a civil action1 the applicant may present testimony in the court1 and the court will make a decision4 ,interferences ,occasionally two or more applications are filed by different inventors claiming substantially the same patentable invention4 ,the patent can only be granted to one of them1 and a proceeding known as an 8interference0 is instituted by the ,office to determine who is the first inventor and entitled to the patent4 ,about one percent of the applications filed become involved in an interference proceeding4 ,interference proceedings may also be instituted between an application and a patent already issued1 provided the patent has not been issued for more than one year prior to the filing of the conflicting application1 and provided that the conflicting application is not barred from being patentable for some other reason4 ,each party to such a proceeding must submit evidence of facts proving when the invention was made4 ,in view of the necessity of proving the various facts and circumstances concerning the making of the invention during an interference1 inventors must be able to produce evidence to do this4 ,if no evidence is submitted a party is restricted to the date of filing the application as his_/her earliest date4 ,the priority question is determined by a board of three administrative patent judges on the evidence submitted4 ,from the decision of the ,board of ,patent ,appeals and ,interferences1 the losing party may appeal to the ,court of ,appeals for the ,federal ,circuit or file a civil action against the winning party in the appropriate ,united ,states district court4 ,the terms 8conception of the invention0 and 8reduction to practice0 are encountered in connection with priority questions4 ,conception of the invention refers to the completion of the devising of the means for accomplishing the result4 ,reduction to practice refers to the actual construction of the invention in physical form3 in the case of a machine it includes the actual building of the machine1 in the case of an article or composition it includes the actual making of the article or composition1 in the case of a process it includes the actual carrying out of the steps of the process4 ,actual operation1 demonstration1 or testing for the intended use is also usually necessary4 ,the filing of a regular application for patent completely disclosing the invention is treated as equivalent to reduction to practice4 ,the inventor who proves to be the first to conceive the invention and the first to reduce it to practice will be held to be the prior inventor1 but more complicated situations cannot be stated this simply4 ,allowance and ,issue of ,patent ,if1 on examination of the application1 or at a later stage during the reconsideration of the application1 the patent application is found to be allowable1 a notice of allowance will be sent to the applicant1 or to applicant's attorney or agent of record1 if any1 and a fee for issuing the patent is due within three months from the date of the notice4 ,if timely payment of the issue fee is not made1 the application will be regarded as abandoned4 ,see current fee schedule4 ,a provision is made in the statute whereby the ,commissioner may accept the fee late1 when the delay is shown to be unavoidable4 ,when the issue fee is paid1 the patent issues as soon as possible after the date of payment1 dependent upon the volume of printing on hand4 ,the patent grant then is delivered or mailed on the day of its grant1 or as soon thereafter as possible1 to the inventor's attorney or agent if there is one of record1 otherwise directly to the inventor4 ,on the date of the grant1 the patent file becomes open to the public4 ,printed copies of the specification and drawing are available on the same date4 ,in case the publication of an invention by the granting of a patent would be detrimental to the national defense1 the patent law gives the ,commissioner the power to withhold the grant of the patent and to order the invention kept secret for such period of time as the national interest requires4 ,nature of ,patent and ,patent ,rights ,the patent is issued in the name of the ,united ,states under the seal of the ,patent and ,trademark ,office1 and is either signed by the ,commissioner of ,patents and ,trademarks or has his name written thereon and attested by an ,office official4 ,the patent contains a grant to the patentee1 and a printed copy of the specification and drawing is annexed to the patent and forms a part of it4 ,the grant confers 8the right to exclude others from making1 using1 offering for sale or selling the invention throughout the ,united ,states or importing the invention into the ,united ,states0 and its territories and possessions for which the term of the patent shall be #bj years from the date on which the application for the patent was filed in the ,united ,states or1 if the application contains a specific reference to an earlier filed application under #ce ,u4,s4,c4 #abj1 #aba or #cfe7;c71 from the date of the earliest such application was filed1 and subject to the payment of maintenance fees as provided by law4 ,the exact nature of the right conferred must be carefully distinguished1 and the key is in the words 8right to exclude0 in the phrase just quoted4 ,the patent does not grant the right to make1 use1 offer for sale or sell or import the invention but only grants the exclusive nature of the right4 ,any person is ordinarily free to make1 use1 offer for sale or sell or import anything he_/she pleases1 and a grant from the ,government is not necessary4 ,the patent only grants the right to exclude others from making1 using1 offering for sale or selling or importing the invention4 ,since the patent does not grant the right to make1 use1 offer for sale1 or sell1 or import the invention1 the patentee's own right to do so is dependent upon the rights of others and whatever general laws might be applicable4 ,a patentee1 merely because he_/she has received a patent for an invention1 is not thereby authorized to make1 use1 offer for sale1 or sell1 or import the invention if doing so would violate any law4 ,an inventor of a new automobile who has obtained a patent thereon would not be entitled to use the patented automobile in violation of the laws of a ,state requiring a license1 nor may a patentee sell an article1 the sale of which may be forbidden by a law1 merely because a patent has been obtained4 ,neither may a patentee make1 use1 offer for sale1 or sell1 or import his_/her own invention if doing so would infringe the prior rights of others4 ,a patentee may not violate the ,federal antitrust laws1 such as by resale price agreements or entering into combination in restraints of trade1 or the pure food and drug laws1 by virtue of having a patent4 ,ordinarily there is nothing which prohibits a patentee from making1 using1 offering for sale1 or selling1 or importing his_/her own invention1 unless he_/she thereby infringes another's patent which is still in force4 ,the term of the patent shall be #bj years from the date on which the application for the patent was filed in the ,united ,states or1 if the application contains a specific reference to an earlier filed application under #ce ,u4,s4,c4 #abj1 #aba or #cfe7;c71 from the date of the earliest such application was filed1 and subject to the payment of maintenance fees as provided by law4 ,a maintenance fee is due #c1 #g and #aa years after the original grant for all patents issuing from the applications filed on and after ,december #ab1 #aihj4 ,the maintenance fee must be paid at the stipulated times to maintain the patent in force4 ,after the patent has expired anyone may make1 use1 offer for sale or sell or import the invention without permission of the patentee1 provided that matter covered by other unexpired patents is not used4 ,the terms may be extended for certain ,pharmaceuticals and for certain circumstances as provided by law4 ,maintenance ,fees ,all utility patents which issue from applications filed on and after ,december #ab1 #aihj are subject to the payment of maintenance fees which must be paid to maintain the patent in force4 ,these fees are due at #c1 #g and #aa years from the date the patent is granted and can be paid without a surcharge during the 8window-period0 which is the six month period preceding each due date1 e4g41 #c years to #c years and six months4 7,see fee schedule for a list of maintenance fees47 ,failure to pay the current maintenance fee on time may result in expiration of the patent4 ,a #f-month grace period is provided when the maintenance fee may be paid with a surcharge4 ,the grace period is the #f-month period immediately following the due date4 ,the ,patent and ,trademark ,office does not mail notices to patent owners that maintenance fees are due4 ,if1 however1 the maintenance fee is not paid on time1 efforts are made to remind the responsible party that the maintenance fee may be paid during the grace period with a surcharge4 ,patents relating to some pharmaceutical inventions may be extended by the ,commissioner for up to five years to compensate for marketing delays due to ,federal premarketing regulatory procedures4 ,patents relating to all other types of inventions may be extended for certain circumstances as provided by law4 ,correction of ,patents ,once the patent is granted1 it is outside the jurisdiction of the ,patent and ,trademark ,office except in a few respects4 ,the ,office may issue without charge a certificate correcting a clerical error it has made in the patent when the printed patent does not correspond to the record in the ,office4 ,these are mostly corrections of typographical errors made in printing4 ,some minor errors of a typographical nature made by the applicant may be corrected by a certificate of correction for which a fee is required4 ,the patentee may disclaim one or more claims of his_/her patent by filing in the ,office a disclaimer as provided by the statute4 ,when the patent is defective in certain respects1 the law provides that the patentee may apply for a reissue patent4 ,this is a patent granted to replace the original and is granted only for the balance of the unexpired term4 ,however1 the nature of the changes that can be made by means of the reissue are rather limited2 new matter cannot be added4 ,any person may file a request for reexamination of a patent1 along with the required fee1 on the basis of prior art consisting of patents or printed publications4 ,at the conclusion of the reexamination proceedings1 a certificate setting forth the results of the reexamination proceeding is issued4 ,assignments and ,licenses ,a patent is personal property and may be sold to others or mortgaged2 it may be bequeathed by a will1 and it may pass to the heirs of a deceased patentee4 ,the patent law provides for the transfer or sale of a patent1 or of an application for patent1 by an instrument in writing4 ,such an instrument is referred to as an assignment and may transfer the entire interest in the patent4 ,the assignee1 when the patent is assigned to him or her1 becomes the owner of the patent and has the same rights that the original patentee had4 ,the statute also provides for the assignment of a part interest1 that is1 a half interest1 a fourth interest1 etc41 in a patent4 ,there may also be a grant which conveys the same character of interest as an assignment but only for a particularly specified part of the ,united ,states4 ,a mortgage of patent property passes ownership thereof to the mortgagee or lender until the mortgage has been satisfied and a retransfer from the mortgagee back to the mortgagor1 the borrower1 is made4 ,a conditional assignment also passes ownership of the patent and is regarded as absolute until canceled by the parties or by the decree of a competent court4 ,an assignment1 grant1 or conveyance of any patent or application for patent should be acknowledged before a notary public or officer authorized to administer oaths or perform notarial acts4 ,the certificate of such acknowledgment constitutes prima facie evidence of the execution of the assignment1 grant1 or conveyance4 ,recording of ,assignments ,the ,office records assignments1 grants1 and similar instruments sent to it for recording1 and the recording serves as notice4 ,if an assignment1 grant1 or conveyance of a patent or an interest in a patent 7or an application for patent7 is not recorded in the ,office within three months from its date1 it is void against a subsequent purchaser for a valuable consideration without notice1 unless it is recorded prior to the subsequent purchase4 ,an instrument relating to a patent should identify the patent by number and date 7the name of the inventor and title of the invention as stated in the patent should also be given74 ,an instrument relating to an application should identify the application by its application number and date of filing1 the name of the inventor1 and title of the invention as stated in the application should also be given4 ,sometimes an assignment of an application is executed at the same time that the application is prepared and before it has been filed in the ,office4 ,such assignment should adequately identify the application1 as by its date of execution and name of the inventor and title of the invention1 so that there can be no mistake as to the application intended4 ,if an application has been assigned and the assignment is recorded1 on or before the date the issue fee is paid1 the patent will be issued to the assignee as owner4 ,if the assignment is of a part interest only1 the patent will be issued to the inventor and assignee as joint owners4 ,joint ,ownership ,patents may be owned jointly by two or more persons as in the case of a patent granted to joint inventors1 or in the case of the assignment of a part interest in a patent4 ,any joint owner of a patent1 no matter how small the part interest1 may make1 use1 offer for sale and sell and import the invention for his or her own profit provided they do not infringe another's patent rights1 without regard to the other owners1 and may sell the interest or any part of it1 or grant licenses to others1 without regard to the other joint owner1 unless the joint owners have made a contract governing their relation to each other4 ,it is accordingly dangerous to assign a part interest without a definite agreement between the parties as to the extent of their respective rights and their obligations to each other if the above result is to be avoided4 ,the owner of a patent may grant licenses to others4 ,since the patentee has the right to exclude others from making1 using1 offering for sale or selling or importing the invention1 no one else may do any of these things without his_/her permission4 ,a patent license agreement is in essence nothing more than a promise by the licensor not to sue the licensee4 ,no particular form of license is required2 a license is a contract and may include whatever provisions the parties agree upon1 including the payment of royalties1 etc4 ,the drawing up of a license agreement 7as well as assignments7 is within the field of an attorney at law4 ,such attorney should be familiar with patent matters as well4 ,a few ,states have prescribed certain formalities to be observed in connection with the sale of patent rights4 ,infringement of ,patents ,infringement of a patent consists of the unauthorized making1 using1 offering for sale or selling any patented invention within the ,united ,states or ,united ,states ,territories1 or importing into the ,united ,states of any patented invention during the term of the patent4 ,if a patent is infringed1 the patentee may sue for relief in the appropriate ,federal court4 ,the patentee may ask the court for an injunction to prevent the continuation of the infringement and may also ask the court for an award of damages because of the infringement4 ,in such an infringement suit1 the defendant may raise the question of the validity of the patent1 which is then decided by the court4 ,the defendant may also aver that what is being done does not constitute infringement4 ,infringement is determined primarily by the language of the claims of the patent and1 if what the defendant is making does not fall within the language of any of the claims of the patent1 there is no literal infringement4 ,suits for infringement of patents follow the rules of procedure of the ,federal courts4 ,from the decision of the district court1 there is an appeal to the ,court of ,appeals for the ,federal ,circuit4 ,the ,supreme ,court may thereafter take a case by writ of certiorari4 ,if the ,united ,states ,government infringes a patent1 the patentee has a remedy for damages in the ,united ,states ,court of ,federal ,claims4 ,the ,government may use any patented invention without permission of the patentee1 but the patentee is entitled to obtain compensation for the use by or for the ,government4 ,the ,office has no jurisdiction over questions relating to infringement of patents4 ,in examining applications for patent1 no determination is made as to whether the invention sought to be patented infringes any prior patent4 ,an improvement invention may be patentable1 but it might infringe a prior unexpired patent for the invention improved upon1 if there is one4 ,patent ,marking and 8,patent ,pending0 ,a patentee who makes or sells patented articles1 or a person who does so for or under the patentee is required to mark the articles with the word 8,patent0 and the number of the patent4 ,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 notice4 ,the marking of an article as patented when it is not in fact patented is against the law and subjects the offender to a penalty4 ,some persons mark articles sold with the terms 8,patent ,applied ,for0 or 8,patent ,pending40 ,these phrases have no legal effect1 but only give information that an application for patent has been filed in the ,patent and ,trademark ,office4 ,the protection afforded by a patent does not start until the actual grant of the patent4 ,false use of these phrases or their equivalent is prohibited4 ,design ,patents ,the patent laws provide for the granting of design patents to any person who has invented any new1 original and ornamental design for an article of manufacture4 ,the design patent protects only the appearance of an article1 and not its structure or utilitarian features4 ,the proceedings relating to granting of design patents are the same as those relating to other patents with a few differences4 ,see current fee schedule for the filing fee for a design application4 ,a design patent has a term of #ad years from grant1 and no fees are necessary to maintain a design patent in force4 ,if on examination it is determined that an applicant is entitled to a design patent under the law1 a notice of allowance will be sent to the applicant or applicant's attorney1 or agent1 calling for the payment of an issue fee4 ,the drawing of the design patent conforms to the same rules as other drawings1 but no reference characters are required4 ,the specification of a design application is short and ordinarily follows a set form4 ,only one claim is permitted1 following a set form4 ,plant ,patents ,the law also provides for the granting of a patent to anyone who has invented or discovered and asexually reproduced any distinct and new variety of plant1 including cultivated sports1 mutants1 hybrids1 and newly found seedlings1 other than a tuber-propagated plant or a plant found in an uncultivated state4 ,asexually propagated plants are those that are reproduced by means other than from seeds1 such as by the rooting of cuttings1 by layering1 budding1 grafting1 inarching1 etc4 ,with reference to tuber-propagated plants1 for which a plant patent cannot be obtained1 the term 8tuber0 is used in its narrow horticultural sense as meaning a short1 thickened portion of an underground branch4 ,such plants covered by the term 8tuber-propagated0 are the ,irish potato and the ,jerusalem artichoke4 ,an application for a plant patent consists of the same parts as other applications with the addition of a plant color coding sheet4 ,the term of a plant patent shall be #bj years from the date on which the application for the patent was filed in the ,united ,states or1 if the application contains a specific reference to an earlier filed application under #ce ,u4,s4,c4 #abj1 #aba or #cfe7;c71 from the date of the earliest such application was filed4 ,the application papers for a plant patent and any responsive papers pursuant to the prosecution must be filed in duplicate but only one need be signed 7in the case of the application papers the original should be signed72 the second copy may be a legible copy of the original4 ,the reason for providing an original and duplicate file is that the duplicate file is sent to the ,agricultural ,research ,service1 ,department of ,agriculture for an advisory report on the plant variety4 ,the specification should include a complete detailed description of the plant and the characteristics thereof that distinguish the same over related known varieties1 and its antecedents1 expressed in botanical terms in the general form followed in standard botanical text books or publications dealing with the varieties of the kind of plant involved 7evergreen tree1 dahlia plant1 rose plant1 apple tree1 etc471 rather than a mere broad non-botanical characterization such as commonly found in nursery or seed catalogs4 ,the specification should also include the origin or parentage of the plant variety sought to be patented and must particularly point out where and in what manner the variety of plant has been asexually reproduced4 ,where color is a distinctive feature of the plant1 the color should be positively identified in the specification by reference to a designated color as given by a recognized color dictionary4 ,where the plant variety originated as a newly found seedling1 the specification must fully describe the conditions 7cultivation1 environment1 etc47 under which the seedling was found growing to establish that it was not found in an uncultivated state4 ,a plant patent is granted on the entire plant4 ,it therefore follows that only one claim is necessary and only one is permitted4 ,the oath or declaration required of the applicant in addition to the statements required for other applications must include the statement that the applicant has asexually reproduced the new plant variety4 ,plant patent drawings are not mechanical drawings and should be artistically and competently executed4 ,the drawing must disclose all the distinctive characteristics of the plant capable of visual representation4 ,when color is a distinguishing characteristic of the new variety1 the drawing must be in color4 ,two duplicate copies of color drawings must be submitted4 ,all color drawings should be so mounted as to provide a #b-;inch margin at the top for office markings when the patent is printed4 ,specimens of the plant variety1 its flower or fruit1 should not be submitted unless specifically called for by the examiner4 ,the filing fee on each plant application and the issue fee can be found in the fee schedule4 ,for a qualifying small entity filing and issue fees are reduced by half4 ,all inquiries relating to plant patents and pending plant patent applications should be directed to the ,patent and ,trademark ,office and not to the ,department of ,agriculture4 ,the ,plant ,variety ,protection ,act 7,public ,law #ia-egg71 approved ,december #bd1 #aigj1 provides for a system of protection for sexually reproduced varieties1 for which protection was not previously provided1 under the administration of a ,plant ,variety ,protection ,office within the ,department of ,agriculture4 ,requests for information regarding the protection of sexually reproduced varieties should be addressed to ,commissioner1 ,plant ,variety ,protection ,office1 ,agricultural ,marketing ,service1 ,national ,agricultural ,library ,bldg41 ,room #ejj1 #ajcja ,baltimore ,blvd41 ,beltsville1 ,md4 #bjgje-bcea4 ,treaties and ,foreign ,patents ,since the rights granted by a ,united ,states patent extend only throughout the territory of the ,united ,states and have no effect in a foreign country1 an inventor who wishes patent protection in other countries must apply for a patent in each of the other countries or in regional patent offices4 ,almost every country has its own patent law1 and a person desiring a patent in a particular country must make an application for patent in that country1 in accordance with the requirements of that country4 ,the laws of many countries differ in various respects from the patent law of the ,united ,states4 ,in most foreign countries1 publication of the invention before the date of the application will bar the right to a patent4 ,in most foreign countries maintenance fees are required4 ,most foreign countries require that the patented invention must be manufactured in that country after a certain period1 usually three years4 ,if there is no manufacture within this period1 the patent may be void in some countries1 although in most countries the patent may be subject to the grant of compulsory licenses to any person who may apply for a license4 ,there is a treaty relating to patents which is adhered to by #adj countries1 including the ,united ,states1 and is known as the ,paris ,convention for the ,protection of ,industrial ,property4 ,it provides that each country guarantees to the citizens of the other countries the same rights in patent and trademark matters that it gives to its own citizens4 ,the treaty also provides for the right of priority in the case of patents1 trademarks and industrial designs 7design patents74 ,this right means that1 on the basis of a regular first application filed in one of the member countries1 the applicant may1 within a certain period of time1 apply for protection in all the other member countries4 ,these later applications will then be regarded as if they had been filed on the same day as the first application4 ,thus1 these later applicants will have priority over applications for the same invention which may have been filed during the same period of time by other persons4 ,moreover1 these later applications1 being based on the first application1 will not be invalidated by any acts accomplished in the interval1 such as1 for example1 publication or exploitation of the invention1 the sale of copies of the design1 or use of the trademark4 ,the period of time mentioned above1 within which the subsequent applications may be filed in the other countries1 is #ab months in the case of first applications for patent and six months in the case of industrial designs and trademarks4 ,another treaty1 known as the ,patent ,cooperation ,treaty1 was negotiated at a diplomatic conference in ,washington1 ,d4,c41 in ,june of #aigj4 ,the treaty came into force on ,january #bd1 #aigh1 and is presently adhered to by over #ij countries1 including the ,united ,states4 ,the treaty facilitates the filing of applications for patent on the same invention in member countries by providing1 among other things1 for centralized filing procedures and a standardized application format4 ,the timely filing of an international application affords applicants an international filing date in each country which is designated in the international application and provides 7#a7 a search of the invention and 7#b7 a later time period within which the national applications for patent must be filed4 ,a number of patent attorneys specialize in obtaining patents in foreign countries4 ,in general1 an inventor should be satisfied that he_/she could make some profit from foreign patents or that there is some particular reason for obtaining them1 before he_/she attempts to apply for foreign patents4 ,under ,united ,states law it is necessary1 in the case of inventions made in the ,united ,states1 to obtain a license from the ,commissioner of ,patents and ,trademarks before applying for a patent in a foreign country4 ,such a license is required if the foreign application is to be filed before an application is filed in the ,united ,states or before the expiration of six months from the filing of an application in the ,united ,states4 ,the filing of an application for patent constitutes the request for a license and the granting or denial of such request is indicated in the filing receipt mailed to each applicant4 ,after six months from the ,united ,states filing1 a license is not required unless the invention has been ordered to be kept secret4 ,if the invention has been ordered to be kept secret1 the consent to the filing abroad must be obtained from the ,commissioner of ,patents and ,trademarks during the period the order of secrecy is in effect4 ,foreign ,applicants for ,united ,states ,patents ,the patent laws of the ,united ,states make no discrimination with respect to the citizenship of the inventor4 ,any inventor1 regardless of his_/her citizenship1 may apply for a patent on the same basis as a ,u4,s4 citizen4 ,there are1 however1 a number of particular points of special interest to applicants located in foreign countries4 ,the application for patent in the ,united ,states must be made by the inventor and the inventor must sign the oath or declaration 7with certain exceptions71 differing from the law in many countries where the signature of the inventor and an oath of inventorship are not necessary4 ,if the inventor is dead1 the application may be made by his_/her executor or administrator1 or equivalent1 and in the case of mental disability it may be made by his_/her legal representative 7guardian74 ,no ,united ,states patent can be obtained if the invention was patented abroad before applying in the ,united ,states by the inventor or his_/her legal representatives or assigns on an application filed more than #ab months before filing in the ,united ,states4 ,six months are allowed in the case of a design patent4 ,an application for a patent filed in the ,united ,states by any person who has previously regularly filed an application for a patent for the same invention in a foreign country which affords similar privileges to citizens of the ,united ,states shall have the same force and effect for the purpose of overcoming intervening acts of others as if filed in the ,united ,states on the date on which the application for a patent for the same invention was first filed in such foreign country4 ,this is the case1 provided the application in the ,united ,states is filed within #ab months 7six months in the case of a design patent7 from the earliest date on which any such foreign application was filed4 ,a copy of the foreign application certified by the patent office of the country in which it was filed is required to secure this right of priority4 ,if any application for patent has been filed in any foreign country by the applicant or by his_/her legal representatives or assigns prior to his_/her application in the ,united ,states1 the applicant must1 in the oath or declaration accompanying the application1 state the country in which the earliest such application has been filed1 giving the date of filing the application4 ,all applications filed more than a year before the filing in the ,united ,states must also be recited in the oath or declaration4 ,an oath or declaration must be made with respect to every application4 ,when the applicant is in a foreign country the oath or affirmation may be before any diplomatic or consular officer of the ,united ,states1 or before any officer having an official seal and authorized to administer oaths in the foreign country1 whose authority shall be proved by a certificate of a diplomatic or consular officer of the ,united ,states4 ,the oath is attested in all cases by the proper official seal of the officer before whom the oath is made4 ,when the oath is taken before an officer in the country foreign to the ,united ,states1 all the application papers 7except the drawing7 must be attached together and a ribbon passed one or more times through all the sheets of the application1 and the ends of the ribbons brought together under the seal before the latter is affixed and impressed1 or each sheet must be impressed with the official seal of the officer before whom the oath was taken4 ,if the application is filed by the legal representative 7executor1 administrator1 etc47 of a deceased inventor1 the legal representative must make the oath or declaration4 ,when a declaration is used1 the ribboning procedure is not necessary1 nor is it necessary to appear before an official in connection with the making of a declaration4 ,a foreign applicant may be represented by any patent attorney or agent who is registered to practice before the ,united ,states ,patent and ,trademark ,office4 ,answers to ,questions ,frequently ,asked #a4 ,q4 ,what do the terms 8patent pending0 and 8patent applied for0 mean8 ,a4 ,they are used by a manufacturer or seller of an article to inform the public that an application for patent on that article is on file in the ,patent and ,trademark ,office4 ,the law imposes a fine on those who use these terms falsely to deceive the public4 #b4 ,q4 ,is there any danger that the ,patent and ,trademark ,office will give others information contained in my application while it is pending8 ,a4 ,no4 ,all patent applications are maintained in the strictest secrecy until the patent is issued4 ,after the patent is issued1 however1 the ,office file containing the application and all correspondence leading up to issuance of the patent is made available in the ,files ,information ,room for inspection by anyone and copies of these files may be purchased from the ,office4 #c4 ,q4 ,may ,i write to the ,patent and ,trademark ,office directly about my application after it is filed8 ,a4 ,the ,office will answer an applicant's inquiries as to the status of the application1 and inform you whether your application has been rejected1 allowed1 or is awaiting action4 ,however1 if you have a patent attorney or agent of record in the application file the ,office will not correspond with both you and the attorney_/agent concerning the merits of your application4 ,all comments concerning your application should be forwarded through your attorney or agent4 #d4 ,q4 ,is it necessary to go to the ,patent and ,trademark ,office to transact business concerning patent matters8 ,a4 ,no2 most business with the ,office is conducted by correspondence4 ,interviews regarding pending applications can be arranged with examiners if necessary1 however1 and are often helpful4 #e4 ,q4 ,if two or more persons work together to make an invention1 to whom will the patent be granted8 ,a4 ,if each had a share in the ideas forming the invention1 they are joint inventors and a patent will be issued to them jointly on the basis of a proper patent application4 ,if1 on the other hand1 one of these persons has provided all of the ideas of the invention1 and the other has only followed instructions in making it1 the person who contributed the ideas is the sole inventor and the patent application and patent shall be in his_/her name alone4 #f4 ,q4 ,if one person furnishes all of the ideas to make an invention and another employs him or furnishes the money for building and testing the invention1 should the patent application be filed by them jointly8 ,a4 ,no4 ,the application must be signed by the true inventor1 and filed in the ,patent and ,trademark ,office1 in the inventors name4 ,this is the person who furnishes the ideas1 not the employer or the person who furnishes the money4 #g4 ,q4 ,does the ,patent and ,trademark ,office control the fees charged by patent attorneys and agents for their services8 ,a4 ,no4 ,this is a matter between you and your patent attorney or agent in which the ,office takes no part4 ,to avoid misunderstanding you may wish to ask for estimate charges for3 7a7 the search1 7b7 preparation of the patent application1 7c7 ,patent and ,trademark ,office prosecution4 #h4 ,q4 ,will the ,patent and ,trademark ,office help me to select a patent attorney or agent to make my patent search or to prepare and prosecute my patent application8 ,a4 ,no4 ,the ,office cannot make this choice for you4 ,however1 your own friends or general attorney may help you in making a selection from among those listed as registered practitioners on the ,office roster4 ,also1 some bar associations operate lawyer referral services that maintain lists of patent lawyers available to accept new clients4 #i4 ,q4 ,will the ,patent and ,trademark ,office advise me as to whether a certain patent promotion organization is reliable and trustworthy8 ,a4 ,no4 ,the ,office has no control over such organizations and does not supply information about them4 ,it is advisable1 however1 to check on the reputation of invention promotion firms before making any commitments4 ,it is suggested that you obtain this information by inquiring of the ,better ,business ,bureau of the city in which the organization is located1 or of the bureau of commerce and industry or bureau of consumer affairs of the state in which the organization has its place of business4 ,you may also undertake to make sure that you are dealing with reliable people by asking your own patent attorney or agent or by inquiry of others who may know them4 #aj4 ,q4 ,are there any organizations in my area which can tell me how and where ,i may be able to obtain assistance in developing and marketing my invention8 ,a4 ,yes4 ,in your own or neighboring communities you may inquire of such organizations as chambers of commerce1 and banks4 ,many communities have locally financed industrial development organizations which can help you locate manufacturers and individuals who might be interested in promoting your idea4 #aa4 ,q4 ,are there any state government agencies that can help me in developing and marketing of my invention8 ,a4 ,yes4 ,in nearly all states there are state planning and development agencies or departments of commerce and industry which seek new product and new process ideas to assist manufacturers and communities in the state4 ,if you do not know the names or addresses of your state organizations you can obtain this information by writing to the governor of your state4 #ab4 ,q4 ,can the ,patent and ,trademark ,office assist me in the developing and marketing of my patent8 ,a4 ,the ,office cannot act or advise concerning the business transactions or arrangements that are involved in the development and marketing of an invention4 ,however1 the ,office will publish1 at the request of a patent owner1 a notice in the ,official ,gazette that the patent is available for licensing or sale4 ,the fee for this is #be4 ---------------------------------------- -------------------------------- ,,transcriber',s ,,notes #a4 ,silently corrected typographical errors and variations in spelling4 #b4 ,archaic1 non-standard1 and uncertain spellings retained as printed4 #c4 ,enclosed italics font in underscores4 #d4 ,enclosed bold font in equals4