03patents_nashville - Patents and the Patent Cooperation...

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Office of External Affairs United States Patent and Trademark Office Patents and the Patent Cooperation Treaty (PCT)
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04/06/10 2 Basis for Protection of Patents and Copyright in the U.S . US Constitution, Article 1, Section 8, Clause 8 –“Congress shall have the power . .. to  promote the progress of science and  useful arts, by securing for limited  times to authors and inventors the  exclusive right to their respective  writings and discoveries.”
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04/06/10 3 What is a U.S. Patent? It is first and foremost: Property Provides protection only within the United States. There is no World Wide Patent ! The patentee must enforce the patent once it is issued
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04/06/10 4 Types of U.S. Patents Utility Design Plant
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04/06/10 5 Provides a right to exclude others from making, using, selling, offering for sale or importing the claimed invention in exchange for public disclosure of the technology described and shown in the patent specification for a period of 20 years from the filing date. Utility Patent
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04/06/10 6 First US Patent Patent No x-1 (July 31, 1790) Signed by George Washington
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04/06/10 7 Utility Patent (7,000,000)
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04/06/10 8 Design Patent Provides a right to exclude others from making, using, offering for sale, importing or selling the claimed invention in exchange for public disclosure of the ornamental design described and shown in the patent specification for a period of 14 years from the grant date.
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04/06/10 9 Design Patent (D-500,000)
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04/06/10 10 Plant Patent Provides a right to exclude others from asexually reproducing, selling or using the claimed plant in exchange for public disclosure of the technology described and shown in the patent specification for a period of 20 years from the filing date.
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04/06/10 11 Plant Patent 10,000
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04/06/10 12 Types of U.S. Patent Applications Provisional utility application Non-provisional application
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04/06/10 13 A low-cost way to establish an early effective filing date in a non- provisional patent application with fewer formalities Not accomplished by “Invention Disclosure Forms” Provisional Patent Application
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04/06/10 14 Must file a corresponding utility patent application within 12 months in order to benefit from the priority date of the provisional application. Provisional Patent Application
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04/06/10 15 Non-Provisional Utility Patent Application Requirements: Specification (description) Drawings (when necessary) Nucleotide and/or amino acid sequence listing (when necessary) At least one claim Oath or declaration Prescribed filing, search and examination fee
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U.S. Patent Statistics 16
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04/06/10 17 FY05 UPR Applications Filed 0 50000 100000 150000 200000 250000 300000 350000 400000 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 384,228 Apps 384,228 Apps Filed (8.1% Filed (8.1% above FY04) above FY04) 297,287 FAOMs 297,287 FAOMs in FY05 in FY05
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04/06/10 18 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 200,000 utility design Total Patents Issued 2005 165,485 2004 187,170 2003 189,597 Total Number 2000 2001 2002 2003 2004 2005 Data from USPTO 2005 Annual Report
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04/06/10 19 FY 05 Patent Pendency Technology Center Average 1 st Action Pendency Average Total Pendency
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04/06/10 20 FY 05 Patent Pendency
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This note was uploaded on 04/05/2010 for the course LAW LAW6571 taught by Professor Abbott during the Spring '10 term at Florida State College.

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03patents_nashville - Patents and the Patent Cooperation...

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