Reissue of Application – If an applicant or inventor abandons the patent and refiles the original application to correct the defect, such as when the issued patent fails to claim the full scope of the disclosed invention, a patent application is reissued. This can be done by resubmitting the patent application with a broader scope of claims (no new claims are currently allowed) and obtaining full coverage.
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What is a Utility Patent?
A utility patent is a legal right to an inventive idea that is new or improved and has some utility. Also known as a “patent for the invention,” it grants the applicant permission for a specified period of time, usually 20 years, and prevents others from making, selling, or using the invention without their consent.
Can I Get a Utility Patent?
An individual seeking a utility patent is advised to Colombia Phone Number Material conduct a prior art search, particularly a utility patent search, to see if any similar patented or published inventions are publicly available.
This is advisable and crucial before filing a patent to prevent loss of filing costs and in case, a similar invention is publicly available as it would be difficult to get a patent on the already published invention.
Utility Patent for Services
A utility patent grants an inventor the exclusive right to a new service invention that must be a new way or process of providing a service. It must be unique, novel, and have some industrial applicability. If the service invention does not exist and is patentable, a patent application must be filed that includes the following:
Fee (as stated on the patent website of the country where the filing is made)
Data sheet
Claims corresponding to the service invention
Description of the service invention
Drawings
Utility Patents vs. Other Patents
Apart from a utility patent, there is a design patent which lasts for 14 years from the date of filing and can also be taken for a product for which a utility patent has been filed. A condition for a utility patent and a design patent is that the invention or product should have industrial applicability and serve some practical use. In addition, a plant patent which has a life of 20 years from the date of filing is granted to a person who has discovered or created a new plant variety.
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Utility Patent Sections
A utility patent can be filed provisionally and then non-provisionally or directly non-provisionally. Both must include the following sections:
The sections of the provisional patent application include:
Illustrations supporting the invention which can take the form of some hand-drawn drawings, computer diagrams, flowcharts and diagrams.
A detailed written description of the invention in your own words & drawings describing the unique and novel aspect of the invention so that it can be well understood by a person skilled in the art
Name and contact details of the inventor
Patent attorney name and contact information
The sections of a non-temporary utility application include:
Title of the invention , at the top of the first page.
Abstract , limited to one paragraph and stating what is new in the invention
Reference to your prior art applications , citing patents from which you claim priority, i.e. from previously filed provisional or non-provisional applications.
Background, includes prior art of the invention i.e. problems in the prior arts
Brief Summary , the brief idea of the claimed invention
A brief description of a drawing , listing all figures by number and a short statement explaining what that specific figure explains.
A detailed description of the invention , a detailed disclosure of the inventive process, and how the invention can be used in various ways
Claims , describe the scope of patent protection.
Drawings , understanding the subject through visualization.
Sample Utility Patent Application
The provisional application is one in which a complete document has not been filed. Partial information may be included.
and these are explained in detail below.
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