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U.S. patent (1985-2018) U.S. patent (2018-present) Patent applications can be filed at the United States Patent and Trademark Office (USPTO). Prior to June 7, 1995, the duration of a US utility patent was 17 years from patent issuance. Since that date, the duration of the US utility patent is 20 years from the earliest effective filing date.
The publication of the invention is mandatory to get a patent. Keeping the same invention as a trade secret rather than disclosing it in a patent publication, for some inventions, could prove valuable well beyond the limited time of any patent term but at the risk of unpermitted disclosure or congenial invention by a third party.
The ability to assign ownership rights increases the liquidity of a patent as property. Inventors can obtain patents and then sell them to third parties. [71] The third parties then own the patents and have the same rights to prevent others from exploiting the claimed inventions, as if they had originally made the inventions themselves.
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification [notes 1] and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence. It is the combination of the document and its processing within the ...
[2] [7] The copyrighted work might consist of the written description for an invention or the drawings or photographs contained in the patent. [7] Likewise, the Office may register a claim to copyright in articles, publications, or other non-patent literature that may be submitted with a patent application. [ 7 ]
The Act originally divided the patent law into three parts: Part I — Patent and Trademark Office contains provisions governing that Office, its powers and duties, and related matters. Part II — Patentability of Invention and Grant of Patents sets out when and how patents may be obtained. Part III — Patents and Protection of Patent Rights
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