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The original patent term under the 1790 Patent Act was decided individually for each patent, but "not exceeding fourteen years". The 1836 Patent Act (5 Stat. 117, 119, 5) provided (in addition to the fourteen-year term) an extension "for the term of seven years from and after the expiration of the first term" in certain circumstances, when the inventor hasn't got "a reasonable remuneration for ...
Consequently, in most patent laws nowadays, the term of patent is 20 years from the filing date of the application. This however does not forbid the states party to the WTO from providing, in their national law, other type of patent-like rights with shorter terms. Utility models are an example of such rights. Their term is usually 6 or 10 years.
The United States Patent Classification is an official patent classification system in use and maintained by the United States Patent and Trademark Office (USPTO). It was mostly replaced by the Cooperative Patent Classification (CPC) on January 1, 2013. [1] Plant and design patents are still classified solely within USPC at the USPTO.
However, patent term adjustment or extension are possible if the USPTO fails to issue a patent within 3 years after filing the full application, subject to various conditions on the applicant. [ 29 ] [ circular reference ] The rules for drafting and filing a patent application are set out in the Manual of Patent Examining Procedure (MPEP).
This is published by the USPTO and is the reference manual used by both patent examiners and patent agents/attorneys. Chapter 2100 , in particular, gives a comprehensive overview of the standards for patentability, a discussion of the related case law, and guidance on how to overcome an examiner's rejection of a given set of claims.
Glossary of patent terms at the United States Patent and Trademark Office (USPTO) PCT (Patent Cooperation Treaty) Glossary at the World Intellectual Property Organization (WIPO) Article 2 PCT "Definitions" Glossary of patent related terms Archived March 7, 2014, at the Wayback Machine at the Trilateral Co-operation web site
The economics surrounding a single patent, or group of patents, revolves around the balance between the expense of maintaining the patent(s), and the income derived from owning that/those patents. [7] Similarly the economics of whether to seek a patent present similar concerns with the added up-front costs of obtaining the patent.
In October 2005, the United States Patent and Trademark Office (USPTO) issued interim guidelines [32] for patent examiners to determine if a given claimed invention meets the statutory requirements of being a useful process, manufacture, composition of matter or machine (35 U.S.C. § 101). These guidelines assert that a process, including a ...