Consolidated Patent Rules
- Patent law is outlined in Title 35 of the U.S. Code.books 1 image by MLProject from Fotolia.com
The United States Patent and Trademark Office is the federal agency responsible for granting patents and registering trademarks. Title 35 of the U.S. Code, a collection of the general and permanent laws of the United States, formed the USPTO, which includes a range of consolidated patent rules. - The patent rules specify the components of an application for a patent. In the words of the USPTO website, the four application components include an oath or declaration stating the invention is new and the work of the inventor; specifications for the invention that include a written description of the invention and the process for making or using it; required fees including filing, search, examination and application size fees; and, if the invention requires it, drawings or images of the invention.
- Rules for plant and design patents are specified. These differ from general patents in terms of the application. Drawings are required for design patents. According to the USPTO, "The design must be represented by a drawing" which illustrates a "complete disclosure of the appearance of the design." Plant patent applications must contain a statement within the oath specifying whether the applicant discovered the plant or has successfully reproduced the plant asexually.
- Criteria for an extension of patent terms are included in the consolidated rules. There are five basic conditions to be met. Terms may be extended if they have not already received an extension, the invention has received permission for commercial use or marketing, the invention underwent regulatory review before commercial use or marketing, a complete and correct application for renewal has been submitted and, finally, if the invention is a human or animal drug "not primarily manufactured using recombinant DNA ... or other processes including site specific genetic manipulation," as defined by the USPTO.
- The first American patent law was the Patent Act of 1790, according to George Washington University. Subtitled "An act to Promote the Progress of the Useful Arts," it details the length of patent terms, 14 years, and the benefits of patent protection. The act states that the "sole and exclusive right and liberty of making, constructing, using and vending to others to be used" will be granted to the owner of the patent.
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