FAQs Patent Questions

Question:Utility patents are granted to inventors that discover new and useful processes, machines, articles of manufacture.

Answer:
File a Utility Patent Application - Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

Question:If two applications are filled for the same patentable invention the Office will determine who is entitled to the patent

Answer:
Occasionally two or more applications are filed by different inventors claiming substantially the same patentable invention. The patent can only be granted to one of them, and a proceeding known as an “interference” is instituted by the Office to determine who is the first inventor and entitled to the patent.

Question:Utility patents issued on and after 12/12/1980 are subject to the payment of maintenance fees

Answer:
All utility patents that issue from applications filed on and after December 12, 1980 are subject to the payment of maintenance fees which must be paid to maintain the patent in force. These fees are due at 3 1/2, 7 1/2 and 11 1/2 years from the date the patent is granted.

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