A. They are used by a manufacturer or seller of an article to inform the
public that an application for patent on that article is on file in the
Patent and Trademark Office. The law imposes a fine on those who use
these terms falsely to deceive the public.
2. Q. Is there any danger that the Patent and Trademark Office will give
others information contained in my application while it is pending?
A. No. All patent applications are maintained in the strictest secrecy
until the patent is issued. After the patent is issued, however, the
Office file containing the application and all correspondence leading up
to issuance of the patent is made available in the Files Information
Room for inspection by anyone and copies of these files may be purchased
from the Office.
3. Q. May I write to the Patent and Trademark Office directly about my
application after it is filed?
A. The Office will answer an applicant’s inquiries as to the status of
the application, and inform you whether your application has been
rejected, allowed, or is awaiting action. However, if you have a patent
attorney or agent of record in the application file the Office will not
correspond with both you and the attorney/agent concerning the merits of
your application. All comments concerning your application should be
forwarded through your attorney or agent.
4. Q. Is it necessary to go to the Patent and Trademark Office to
transact business concerning patent matters?
A. No; most business with the Office is conducted by correspondence.
Interviews regarding pending applications can be arranged with examiners
if necessary, however, and are often helpful.
5. Q. If two or more persons work together to make an invention, to whom
will the patent be granted?
A. If each had a share in the ideas forming the invention, they are
joint inventors and a patent will be issued to them jointly on the basis
of a proper patent application. If, on the other hand, one of these
persons has provided all of the ideas of the invention, and the other
has only followed instructions in making it, the person who contributed
the ideas is the sole inventor and the patent application and patent
shall be in his/her name alone.
6. Q. If one person furnishes all of the ideas to make an invention and
another employs him or furnishes the money for building and testing the
invention, should the patent application be filed by them jointly?
A. No. The application must be signed by the true inventor, and filed in
the Patent and Trademark Office, in the inventors name. This is the
person who furnishes the ideas, not the employer or the person who
furnishes the money.
7. Q. Does the Patent and Trademark Office control the fees charged by
patent attorneys and agents for their services?
A. No. This is a matter between you and your patent attorney or agent in
which the Office takes no part. To avoid misunderstanding you may wish
to ask for estimate charges for: (a) the search, (b) preparation of the
patent application, (c) Patent and Trademark Office prosecution.
8. Q. Will the Patent and Trademark Office help me to select a patent
attorney or agent to make my patent search or to prepare and prosecute
my patent application?
A. No. The Office cannot make this choice for you. However, your own
friends or general attorney may help you in making a selection from
among those listed as registered practitioners on the Office roster.
Also, some bar associations operate lawyer referral services that
maintain lists of patent lawyers available to accept new clients.
9. Q. Will the Patent and Trademark Office advise me as to whether a
certain patent promotion organization is reliable and trustworthy?
A. No. The Office has no control over such organizations and does not
supply information about them. It is advisable, however, to check on the
reputation of invention promotion firms before making any commitments.
It is suggested that you obtain this information by inquiring of the
Better Business Bureau of the city in which the organization is located,
or of the bureau of commerce and industry or bureau of consumer affairs
of the state in which the organization has its place of business. You
may also undertake to make sure that you are dealing with reliable
people by asking your own patent attorney or agent or by inquiry of
others who may know them.
10. Q. Are there any organizations in my area which can tell me how and
where I may be able to obtain assistance in developing and marketing my
invention?
A. Yes. In your own or neighboring communities you may inquire of such
organizations as chambers of commerce, and banks. Many communities have
locally financed industrial development organizations which can help you
locate manufacturers and individuals who might be interested in
promoting your idea.
11. Q. Are there any state government agencies that can help me in
developing and marketing of my invention?
A. Yes. In nearly all states there are state planning and development
agencies or departments of commerce and industry which seek new product
and new process ideas to assist manufacturers and communities in the
state. If you do not know the names or addresses of your state
organizations you can obtain this information by writing to the governor
of your state.
12. Q. Can the Patent and Trademark Office assist me in the developing
and marketing of my patent?
A. The Office cannot act or advise concerning the business transactions
or arrangements that are involved in the development and marketing of an
invention. However, the Office will publish, at the request of a patent
owner, a notice in the Official Gazette that the patent is available for
licensing or sale. The fee for this is $25.
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