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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.
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