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FAQs Patent Questions

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:Applicants may be required to provide speciments of the composition of their invention if necessary.

Answer:
The applicant may be required to furnish specimens of the composition, or of its ingredients or intermediates, for inspection or experiment. If the invention is a microbiological invention, a deposit of the micro-organism involved is required.

Question:Does your USPTO database include data on the current fee status and expiration of patents?

Answer:
No, the US Patent Full Text Database does not include this data, but it is available on the PTO Web site. Use the link to the Patent Application Information Retrieval database (PAIR) on the Web database main page.

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Did You Know?

You need a patent attorney or agent to file your patent application.

The U.S. Patent and Trademark Office (USPTO) strongly recommend that all prospective applicants retain the services of a registered patent attorney or patent agent to prepare and prosecute their applications.

Contact our Patent Professionals to ensure you complete the patent filing process correctly or for violation of your patent rights.

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 Helpful Patent Terms

Control No.

Definition:
Unique number assigned to a patent reexamination request when it is filed, having a 2-digit series code for ex parte reexamination requests and a 6-digit control number.

Mere Descriptiveness

Definition:
Statutory basis (Trademark Act Section 2(e)(1), 15 U.S.C. Section 1052(e)(1), TMEP 1209 et seq) for refusing registration of trademarks and service marks because the proposed mark merely describes an ingredient, quality, characteristic, function, feature,

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