How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Intellectual Property Law question
Type Your Intellectual Property Law Question Here...
characters left:
5 IP Lawyers are Online Now

Utility Patent Questions

What is a Utility Patent?

A utility patent is also referred to as a patent for invention. It is a patent that is issued for the invention of any new product, process, machine or the improvement of any existing process or machine. A utility patent gives the owner of the product/process the rights to stop other people from making, using or selling the product/process for up to a period of twenty years from the date the patent application was filed, provided the owner pays the maintenance fees. Read below to find more Expert answers relating to Utility Patent.

Can an individual apply for a Utility Patent for a smart phone application?

An individual may apply for a utility patent for a Smartphone application provided he/she is able to prove that the application is useful, non obvious, concrete and has not been patented yet. The individual may conduct a search through the patent office to find out whether his/her Smartphone application has already been invented and patented or not.

What can an individual do if their Patent has been infringed upon?

If a person’s patent gets infringed upon, they individual may get an attorney to contact the company with a cease and desist letter. The letter may explain to the company that if they continue to infringe upon the person’s patent, also, the individual may file for an injunction. The individual would also be entitled to all the profits that the company may have made by selling the product from the time the patent was acquired. The individual may also pursue punitive damages against the company for using the patent. Another option would be for the individual to give the company the license to use the patented product in exchange for a part of the profit that the company may make by selling the product.

How can an individual protect their idea from being copied during the application of the Utility Patent?

If an individual is in the middle of an application process for a utility patent, the individual can ask their attorney to get anyone who is involved in the patent application process to sign a non disclosure agreement stating that they would not give out information about the product or idea.

Does an individual have to include claims when they apply for a Provisional Utility Patent?

It is unlikely that an individual may have to include claims when applying for a provisional utility patent. However, the individual may have to give enough description of the product in writing and with drawing wherever necessary so that there is enough proof to show that the individual invented the product and knows its features.

What is a Provisional Utility Patent?

A provisional utility patent may be filed to get a filing date for the utility patent. It normally expires after a year. In most situations, it gets converted to a utility patent within a year. While filing for a provisional utility patent, the individual may provide as much information about the invention as possible so that he/she may get the benefit of the provisional filing date.

Can a Utility Patent be assigned to an entity that does not exist?

The USPTO (United States Patent Trademark Office) will just record the assignments that may have been submitted for utility patents. They may not check on the legitimacy of the assignments or the people who are submitting them. It may be likely that a utility patent may be assigned to a non-existent entity. However, an invention with a fake entity may be considered invalid in court.

There are a lot of aspects about utility patents that people may ignore when applying for them. It is important to cover all aspects about utility patents when an individual files for one. Having good information about it will help the individual overcome any blocks that any individual may face while filing for the utility patent. When need answers to complex questions about utility patent contact the Experts.
Ask a Intellectual Property Law question
Type Your Intellectual Property Law Question Here...
characters left:
5 IP Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21210
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21210
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18396
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8492
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3855
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 

Recent Utility Patent Questions

  • If I have an idea to implement a service through an app to

    If I have an idea to implement a service through an app to help provide upmost service to my clients is this considered a utility patent or a trademark/service mark
  • Hello, Here is a hypothetical situation that has me worried:

    Hello,

    Here is a hypothetical situation that has me worried: John and Paul both come up with the same brilliant idea. John and Paul both file for provisional patents, John's application being filed one day before Paul's. Neither knows of the other or of his provisional patent application. Now, a few months later, both file for a full utility patent, but this time, Paul files one day before John. Who gets the patent, assuming they have identical claims on their provisional patent applications and in their full patent applications?
  • i am making a provisional utility patent application for a

    i am making a provisional utility patent application for a hand tool and my patent agent has cited in the application some claims and some preferred embodiments. One of the preferred embodiments is an important (not solely important) part of the innovation and I am uncertain how I know when it is better to have it listed as a claim and when it is better to have it listed as an embodiment. The device will work without the preferred embodiment but it is better with it.

< Last | Next >
Intellectual Property Law Questions By Month: