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Intro Flashcards

1
Q

What is a patent?

A

A government-granted exclusive right to make, use, or sell an invention for a limited time.

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2
Q

What is the purpose of a patent?

A

To encourage innovation by giving inventors time-limited exclusivity.

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3
Q

What can be patented?

A

Processes, machines, articles of manufacture, and compositions of matter.

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4
Q

What cannot be patented?

A

Laws of nature, natural phenomena, and abstract ideas.

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5
Q

How long does a utility patent last?

A

20 years from the filing date.

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6
Q

How long does a design patent last?

A

15 years from the date of grant.

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7
Q

What is required for an invention to be patentable?

A

It must be novel, non-obvious, and useful.

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8
Q

What is novelty in patent law?

A

The invention must be new and not previously disclosed.

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9
Q

What is non-obviousness?

A

The invention must not be an obvious variation to someone skilled in the field.

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10
Q

What is utility?

A

The invention must have a useful purpose.

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11
Q

What is the difference between a utility and design patent?

A

Utility protects function; design protects ornamental appearance.

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12
Q

Can you patent an idea?

A

No, only concrete inventions can be patented.

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13
Q

What is a provisional patent application?

A

A temporary filing that holds a spot for 12 months but is not examined.

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14
Q

What is a non-provisional application?

A

The full application that is reviewed by the USPTO.

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15
Q

Do you need a prototype to file a patent?

A

No, but you must fully describe how to make and use the invention.

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16
Q

What is ‘prior art’?

A

Existing knowledge or inventions that relate to the current invention.

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17
Q

What is a patent claim?

A

The part of a patent that defines the scope of protection.

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18
Q

What happens after filing a patent?

A

It is examined by the USPTO for compliance with patent laws.

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19
Q

What is a patent examiner?

A

A USPTO official who reviews and decides patent applications.

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20
Q

What is a rejection?

A

A statement from the USPTO explaining why a patent is not allowed.

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21
Q

What can you do after a rejection?

A

Respond with arguments, amend claims, or appeal.

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22
Q

What is a continuation application?

A

A second application with the same disclosure but new claims.

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23
Q

Can you sell or license a patent?

A

Yes, patents are property and can be sold or licensed.

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24
Q

What happens if someone uses your patent without permission?

A

You may sue for patent infringement.

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25
What is patent infringement?
Unauthorized making, using, or selling of a patented invention.
26
Is a U.S. patent valid worldwide?
No, patents are territorial.
27
How can you protect an invention internationally?
File through the PCT or in individual countries.
28
What is the PCT?
The Patent Cooperation Treaty, allowing international patent applications.
29
What is patent prosecution?
The process of negotiating with the patent office to get a patent.
30
What is a patent agent?
A registered professional who can represent inventors before the USPTO.
31
What is a patent attorney?
A patent agent who is also a licensed lawyer.
32
What is an office action?
A document from the USPTO stating issues with the application.
33
Can you amend a patent application?
Yes, you may change claims or clarify the disclosure.
34
What is a patent number?
A unique identifier assigned to each granted patent.
35
What is patent pending?
Status after filing but before the patent is granted.
36
What is a public disclosure?
Revealing your invention, which may affect patent rights.
37
Should you file before disclosing your invention?
Yes, to preserve patent rights.
38
What is the first-to-file rule?
The first person to file gets the patent, regardless of who invented first.
39
What does the USPTO stand for?
United States Patent and Trademark Office.
40
What is the MPEP?
Manual of Patent Examining Procedure used by USPTO examiners.
41
Can you reissue a patent?
Yes, to correct errors or change claim scope.
42
Can a patent be invalidated?
Yes, through court or USPTO proceedings.
43
What is a patent search?
A review of existing patents and publications to assess novelty.
44
What is the cost to file a patent?
Costs vary but include government fees and potentially attorney fees.
45
What is a small entity?
An individual or small business eligible for reduced patent fees.
46
What is a micro entity?
A very small entity with additional fee discounts.
47
What is patent maintenance?
Paying periodic fees to keep a patent in force.
48
Can software be patented?
Yes, if it meets all patent requirements.
49
Can natural products be patented?
Not if unchanged from their natural state.
50
Can AI-generated inventions be patented?
Currently, only human inventors are recognized.
51
What is a patent portfolio?
A collection of patents owned by an individual or company.
52
Patent
A legal right to exclude others from making, using, or selling an invention.
53
Invention
A new and useful process, machine, or composition of matter.
54
USPTO
United States Patent and Trademark Office.
55
Novelty
The requirement that an invention be new.
56
Non-obviousness
The requirement that an invention be sufficiently inventive.
57
Utility
The requirement that an invention be useful.
58
Prior Art
All public knowledge existing before the filing date.
59
Claim
Defines the legal boundaries of a patent.
60
Specification
The detailed description of the invention.
61
Provisional Application
A temporary application that lasts 12 months.
62
Non-Provisional Application
The full application reviewed by the USPTO.
63
Patent Examiner
A government official who reviews applications.
64
Office Action
USPTO communication regarding issues in the application.
65
Continuation
A follow-up patent application with new claims.
66
Design Patent
Protects the ornamental design of an object.
67
Utility Patent
Protects functional inventions.
68
Patent Agent
A non-attorney registered to practice before the USPTO.
69
Patent Attorney
A registered patent practitioner who is also a lawyer.
70
Patent Number
A unique number assigned to a granted patent.
71
Patent Pending
Status of an application that is filed but not yet granted.
72
Infringement
Violation of a patent owner's rights.
73
Assignment
Transfer of ownership of a patent.
74
License
Permission to use a patent without transferring ownership.
75
PCT
Patent Cooperation Treaty, enabling international patent filing.
76
Publication
Public disclosure of a patent application.
77
Abstract
A summary of the invention.
78
Drawing
Visual representations of the invention.
79
Filing Date
The date the patent application is submitted.
80
Effective Filing Date
The date used to determine prior art.
81
Maintenance Fees
Payments to keep a patent active.
82
Terminal Disclaimer
Limits patent term to avoid double patenting.
83
Statutory Bar
Legal rules that block patenting based on public disclosure.
84
Obviousness
Whether an invention is a logical step from known ideas.
85
Reissue
A corrected version of a granted patent.
86
Reexamination
Review of a patent’s validity post-grant.
87
Patentability
The eligibility of an invention to be patented.
88
Inventor
Person who conceives of the invention.
89
Declaration
A statement affirming inventorship and disclosure.
90
Oath
A sworn statement supporting a patent filing.
91
Assignment Recordation
Filing the transfer of ownership with the USPTO.
92
Patent Search
An investigation of existing patents to assess novelty.
93
MPEP
Manual of Patent Examining Procedure.
94
Pro Se
Representing oneself without a practitioner.
95
Examiner Interview
Discussion with the USPTO to clarify or negotiate.
96
PTAB
Patent Trial and Appeal Board.
97
Appeal
Challenging a rejection from the USPTO.
98
Patent Family
A group of related patents.
99
Patent Portfolio
All patents held by one entity.

MPEP (11 decks)

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