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A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing patent applications and oppositions to granted patents.
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time (usually, 20 years) from profiting from a patented technology without the consent of the patent ...
While this term does not confer legal protection, and a patent cannot be enforced until granted, it serves to provide warning to potential infringers that if the patent is issued, they may be liable for damages. [90] [91] [92] Once filed, a patent application is "prosecuted".
As early as 1986, empirical research into the effect of patent law on innovation found "its effects in this regard are very small in most of the industries we studied". [13] In 2013, Boldrin and Levine concluded that "while patents can have a partial equilibrium effect of improving incentives to invent, the general equilibrium effect on ...
Patent abandonment refers to the process by which an applicant voluntarily or involuntarily discontinues the pursuit of a patent application. Generally, an applicant is free to abandon his or her patent application at any time, and in many jurisdictions may "disclaim" his or her patent even after the patent is issued.
In some patent laws, the person skilled in the art is also used as a reference in the context of other criteria, for instance in order to determine whether an invention is sufficiently disclosed in the description of the patent or patent application (sufficiency of disclosure is a fundamental requirement in most patent laws), or in order to ...
[citation needed] Furthermore, a patent attorney must pass a special exam in order to represent individuals and companies in the Patent Office while a trademark attorney does not. [ citation needed ] In addition, the examiners who review all trademark applications filed with the Trademark Office are also licensed attorneys and their official ...
Patent examiners at the United States Patent and Trademark Office (USPTO) examine patent applications for claims of new inventions. Examiners make determinations of patentability based on policies and guidance from this agency, in compliance with federal laws (Title 35 of the United States Code), rules, judicial precedents, and guidance from agency administrators.