Patents, Treaties, Collaboration, and More!

Brian RayveWow, I knew about patents and the Patent Cooperation Treaty, but didn’t know about all of these USPTO collaborations and initiatives! Maybe you don’t either…

Patents protecting functional inventions, known as utility patents in the United States, are the most frequently and typically referenced type of patent. In the United States, utility patents are issued by the United States Patent and Trademark Office for a term of 20 years from the date on which the application for the patent was filed in the United States or, in certain circumstances, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.

The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.

This page covers utility patents and related initiatives. For information about design patents, see the Industrial designs webpage. For more information about plant patents, see the Plant and plant variety protection webpage.

For information about how to apply for a patent, see the USPTO’s Patent process overview webpage.


Patent Cooperation Treaty

The Patent Cooperation Treaty (PCT) is a treaty administered by the World Intellectual Property Organization (WIPO) by which applicants can pursue patent protection in more than 150 contracting states through the filing of a single international application. Given the territorial nature of patent rights, patents granting from an international application will result from national or regional patent offices. The PCT system for patents, together with the Hague system for industrial designs and the Madrid system for trademarks, comprise the three major WIPO-administered registration systems for simultaneously and efficiently seeking protection in multiple jurisdictions abroad.

Read the full article here as originally published.

Brian Rayve

By Curator

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