Frequently Asked Questions
Here are are some of the most frequently asked question we receive
during our presentations and via email on this website.
What do the terms "patent pending" and "patent applied for" mean?
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.
Is there any danger that the Patent and Trademark Office will give others information contained in my application
while it is pending?
No. All patent applications are maintained in the strictest confidence 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 Unit for inspection by anyone and copies of these files may be purchased from
the Office.
May I write to the Patent and Trademark Office directly about my application after it is filed?
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.
Is it necessary to go to the Patent and Trademark Office to transact business concerning patent matters?
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
If two or more persons work together to make an invention, to whom will the patent be granted?
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.
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?
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.
Does the Patent and Trademark Office control the fees charged by patent attorneys and agents for their services?
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, and (c) Patent and Trademark Office prosecution.
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?
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.
Will the Patent and Trademark Office advise me as to whether a certain patent promotion organization is reliable and trustworthy?
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 from the Better Business Bureau of the city in which the organization is located, or from 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 asking others who may know them.
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?
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.
Are there any state government agencies that can help me in developing and marketing of my invention?
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.
Can the Patent and Trademark Office assist me in the developing and marketing of my patent?
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.
If it is a simple idea is it still a good one?
You bet! In fact, more often than not, the simplest inventions are the best and have the widest appeal. For example, if you were to think of a simple container for breakfast cereal that is easier to deal with than the traditional cereal box, your invention would appeal to millions of people. On the other hand, if you were to think of a new kind of foot pedal for a unicycle, that would appeal to only a few people. Many simple ideas have been the greatest. Where would we be without Ziploc bags?. . . or Velcro These simple ideas have made a difference in all our lives.
What should I do after I get a great idea?
Follow through! Many people have some really good ideas for great new products, but most of them never do anything about it.
Thomas Edison, one of the greatest and most prolific inventors in American history, said, "I have more respect for the
fellow with a single idea who gets there than for the fellow with a thousand ideas who does nothing." Following through
is the difference between a successful inventor and a dreamer. Don't get us wrong! There is nothing wrong with dreaming.
In fact, it can often be the starting point. Some people daydream terrific ideas. Others actually dream great ideas
while they are sleeping. Our terrific idea came in a real dream. Inspiration can come at any time and in many ways.
Be open to it.
Can I tell all my friends about my great idea?
Tell only those friends that you trust completely. Until your idea is "protected" it is better to tell as few people
as possible. In inventing, the first person to apply for a patent is usually the one who received it. Never tell anyone
your idea unless you are sure that they will not try to take credit for it themselves. [
What if I need to tell someone my idea in order to get his or her help?
If you need to tell someone, have him or her sign a "non-disclosure" form that says that they are not allowed to talk to
anyone else about the idea.
Once I have a good idea for a new invention, then what?
The first thing to do is to start keeping a journal. In the journal you need to describe and draw your invention
the best that you can. Then you need to have two people who are not related to you to read your description and
sign and date the page where you described it. This is very important. It is essential that you keep your journal
in exactly the right sort of journal book. It must be a book in which the pages are stitched or sewn in. It must
not be a book with glued pages. Another important thing about your journal is the way you write in your entries.
You must write on every single line all the way across the page. Ignore the margins. Just completely fill it in.
Each new entry into the journal should start immediately following the last entry. It is important to always put
the date at the beginning of each entry. Your journal will be a complete record of your progress with your invention.
Keep it just like a diary. Tell every detail of your efforts regarding your invention. List name of people you
talk with and new ideas relating to your invention as they come up. Your journal will show when you first had
your idea and how you developed it. The journal can prove in a court of law when you first came up with the
idea for your invention. If two people have the same idea and both have journals, the one with the earliest
beginning date will be considered the inventor. This is the reason it is important not to leave any blank
spaces as you write in your journal. If you need to show your journal in a court of law, if the spaces
are all filled in, it doesn't look as if you came back at a later date and added information.
What is a prototype?
It is a model of your invention. It does not have to look exactly as you envision the final product to be.
It just has to be a good enough model that any prospective manufacturer could see exactly how it works, and that
it will work. Your prototype may be made of cardboard, when the actual product would be made of plastic or metal.
Do I have to have a patent attorney?
You can submit your own patent application but we would not advise it. The rules of the USPTO regarding exactly how
a patent application should be are very specific. Your best chance for actually getting awarded a patent are with
the help of a competent patent attorney. The road to getting a patent is long and there are pitfalls that a good
attorney can help you to avoid. Also, a patent attorney can write the claims in such a way that your patent
is more likely to be comprehensive, affording you more protection.
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