Patents and Trademarks

PRTC library representatives can:

• Provide access to resources such as PubEAST and PubWEST
  • These are examiner-based search systems that provides information and explains the application process and fee schedule.
• Demonstrate how to use search tools to conuct a patent or trademark search.
• Show you a directory of local patent attorneys who are licensed to practice before the United States Patent and Trademark Office (USPTO). 
• Offer classes on intellectual property (varies by location).
• Offer assistance on how to do historical research on patents and trademarks.
• Directions on how to track current research by a company or nonprofit.
• Help you find assigned information and much more. 

What is a patent?

• 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. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.
• General patent information from the United States Patent and Trademark Office (USPTO)

Types of Patents

There are three types of patents:

• Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.
  • 20 year Term
• Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and
  • 14 year Term
• Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
  • 20 year Term 

Provisional patent application

• Since June,1995, the USPTO allows a provisional patent application to provide a lower filing cost alternative and does not require a formal claim and oath or declaration. This allows an inventor to receive a filing date, receive a 12 month period to assess commercial potential before incurring the higher cost to file a nonprovisional patent, and be authorized to use a "Patent Pending" notice. 
• Complete information, including the pros and cons of a provisional patent application are available at the USPTO site

Parts of a patent:

• Penn State Library's Patent & Trademarks Guide has a description of the various parts and definitions of a patent. 
• One of the most important parts is the claim as patentability is based upon the applicants claims:
  • "The claim or claims shall define the matter for which protection is sought. Claims shall be clear and concise. They shall be fully supported by the description." (from the USPTO)
• The USPTO's General Information Concerning Patents Page has more information.