On Line Chat for Independent Inventors (28FEB2008)
This is a transcript of the on-line chat held on Thursday, February 28, 2008. This final version is an edited version of the actual transcript. Where you see “edited answer” below, the original on-line chat answer has been modified to ensure completeness and accuracy of the answers originally provided by USPTO staff.
As in our previous chats held so far, we received hundreds more questions then we had time to answer. We selected questions for posting which we believed would be of interest to others besides the author of the question. Once we selected the question, we developed the answer, and then posted the question and the answer for viewing by the public. During the actual chat, occasionally the answer was actually posted before the public saw the question. This edited transcript always has the question before the answer. In reviewing the transcript below, if you see the time of the answer before the time of the question, we originally posted them out of sequence.
USPTO Expert:
(Feb 28, 2008 2:00:31 PM)
Welcome to today's On-Line chat, we will begin answering
questions at 2:00 pm. Please note that all questions posted are
not answered, we try to select the questions that appeal to the
overall audience. While you wait for the chat to start please
visit our transcripts from previous chats at
http://www.uspto.gov/web/offices/com/iip/transcripts.htm
Agus:
How do I obtain a packet of information?
USPTO Expert:
(Feb 28, 2008 2:10:41 PM)
Agus, You should contact our Inventors Assistance Center at
1-800-786-9199 for information about filing an application.
Sammy:
(Feb 28, 2008 2:11:54 PM)
After coming up with my patent idea, what would be the next
logical step. an attorney I contaced said to do a patent search
at this website, but i'm not sure how to go about it.
USPTO Expert3:
(Feb 28, 2008 2:08:52 PM)
Sammy - The first step is to do a thorough patent search. You can
get assistance by visiting a Patent & Trademark Depository
Library (PTDL). You can find a list of all the PTDL's at
http://www.uspto.gov/go/ptdl/
USPTO Expert3:
(Feb 28, 2008 2:11:58 PM)
Sammy - continued. You should also visit the USPTO website at
http://www.uspto.gov/patft/index.html to find out more about
searching on our website.
Mombera:
(Feb 28, 2008 2:12:15 PM)
My question would be regarding the amount of time an examiner has
to respond to an office action wherein a select species was
presented by the examiner and an answer to a selection of the
species was filed before the 30 day period
USPTO Expert2:
(Feb 28, 2008 2:12:30 PM)
Mombera, Your response is scanned electronically into our Image
File Wrapper (IFW) system and then it is posted to the examiner's
docket. The examiner has between 2 and 2 1/2 months to prepare
the next action.
Janie:
(Feb 28, 2008 2:12:45 PM)
Is it good to file a provisional patent?
USPTO Expert:
(Feb 28, 2008 2:13:41 PM)
Janie, provisional application offer you a one-year period for
which to perfect your invention, raise capital for further patent
work or to see if there is an interest from investors. You must
file a non-provisional application within one year from the
filing date of the provisional application if you want to claim
the benefit of the filing date of the provisional application in
your non-provisional application. Provisional applications are
not examined and cannot issue as a patent and are not available
for design inventions.
Janie:
(Feb 28, 2008 2:14:33 PM)
Is there a federal program to assist inventors with start up
costs?
USPTO Expert:
(Feb 28, 2008 2:15:50 PM)
Janie, no there is no federal program, you may want to look for a
small business development center (SBDC) in your area, they are
partially funded by the Small Business Administration (SBA) and
assist entrepreneurs in their state.
JS:
(Feb 28, 2008 2:15:55 PM)
I am only seeing USPTO expert's chat, not any users. If this is
normal, can you please post the original question being asked?
USPTO Expert2:
(Feb 28, 2008 2:16:29 PM)
JS, Yes this is normal, you will only see the questions we post
and the answers that we provide.
Sheena:
(Feb 28, 2008 2:17:34 PM)
I was also wondering if I should I submit a research proposal,
that reveals some details of a non-patented invention, to a
Fellowship program? How can I disclose some details of such an
invention, but still have it "protected", before I file for a
patent. Long story short, proposal is due Saturday, but I plan to
go forth with the patent filing process immediately afterwards.
USPTO Expert:
(Feb 28, 2008 2:18:54 PM)
Sheena you may want to consider asking them to sign a
non-disclosure agreement, we do not provide these forms but you
may be able to find one on-line, i.e. www.les.org. You should
also remember there is a 1-year grace period in the U.S. for
public disclosure. That is, if one discloses his or her own
invention more than 1 year before the filing of the patent
application, that person is barred from obtaining a patent (see
35 U.S.C. 102(b)).]
Sheena:
(Feb 28, 2008 2:19:10 PM)
Hi there....I'm wondering if you can you get a design patent for
something that works based on a utility patented invention?
USPTO Expert3:
(Feb 28, 2008 2:19:12 PM)
Sheena - A single invention can receive both utility and design
patents. You can apply for a design patent for the way your
invention looks - that is, for its aesthetic appearance. How it
works, or even whether it works at all, is of no concern in a
design patent.
Geo:
(Feb 28, 2008 2:20:05 PM)
I have read that a provisional no longer must be co-pending with
a utility for the utility to claim priority from it - but it
seems that it still has to be within 1 year, so how does this
work?
USPTO Expert:
(Feb 28, 2008 2:21:05 PM) EDITED ANSWER
Geo, in order to claim the benefit of the filing date of a
provisional application you must file your non-provisional
application within one year of the filing date of the provisional
application. It does not matter whether your non-provisional
application is copending with the provisional application when
you file your non-provisional application. A provisional
application is automatically abandoned by law after one year from
the filing date of the provisional application.
Rosie:
(Feb 28, 2008 2:21:07 PM)
Hi not sue if I am doing this right I was wondering once you go
to an attorne how do you protect your idea from them
USPTO Expert2:
(Feb 28, 2008 2:21:10 PM)
Rosie, patent attorneys are registered to practice before the
USPTO. They must follow regulations established by the U.S.
Patent and Trademark Office. If they fail to follow those
regulations they might loose their right to practice law before
the office.
AquaMan:
(Feb 28, 2008 2:21:20 PM)
What forms do I need for trademarks?
USPTO Expert3:
(Feb 28, 2008 2:21:43 PM)
AquaMan - You can find all the forms that can be used for
electronic filings at the USPTO website at
http://www.uspto.gov/teas/index.html
Kathy:
(Feb 28, 2008 2:21:50 PM)
Can I file a petition to add inadvertently omitted material under
37 c.f.r. section 1.57(a)electronically?
USPTO Expert:
(Feb 28, 2008 2:22:52 PM)
Kathy, yes, you can file a petition electronically. The USPTO
encourages the filing of all petitions electronically. go to
http://www.uspto.gov/ebc/indexebc.html
for additional information.
EPR:
(Feb 28, 2008 2:24:18 PM)
How detailed do drawings have to be for a provisional appliation?
USPTO Expert2:
(Feb 28, 2008 2:24:19 PM) EDITED ANSWER
EPR - The rules governing drawings for non-provisional
applications also apply to provisional applications. See 37 CFR
1.81, 1.83 and 1.84 (available at
http://www.uspto.gov/web/offices/pac/mpep/consolidated_rules.pdf
). As noted in 37 CFR 1.83, the drawings must show every feature
of the invention but need not show conventional features.
Adam:
(Feb 28, 2008 2:24:34 PM)
Regarding Sammy's question, what are some tips for patent
searches. I have trouble with the search returning too many
results, and when refined, does not return enough.
USPTO Expert:
(Feb 28, 2008 2:24:37 PM)
Any of the 85 Patent and Trademark Depository Libraries can
assist you with learning how to perform an on-line search. Go to
http://www.uspto.gov/web/offices/ac/ido/ptdl/index.html
for additional information.
Atreasure:
(Feb 28, 2008 2:25:43 PM)
Do you have any experience either positive or negative with
Legalzoom.com? It seems to be a means for some to file without a
great deal of capital.
USPTO Expert:
(Feb 28, 2008 2:26:45 PM)
We cannot comment about any outside companies that provide
services, however you may want to visit our Inventors Resource
page for information everyone should have before doing business
with them. go to
http://www.uspto.gov/web/offices/com/iip/complaints.htm
Birdy:
Can I get a design patent for a fashion design
USPTO Expert3:
(Feb 28, 2008 2:28:34 PM)
Birdy, A fashion design may receive a design patent. The
appearance of the entire article, like a dress, can be patented,
or even just a portion of the article, such as a collar, can be
patented. Your claim would consist of clear ink drawings of your
design with any unclaimed portions shown in broken lines.
Ralph:
(Feb 28, 2008 2:28:56 PM)
How does a person document a patent search to submit as a
requirement for a speedy review?
USPTO Expert:
(Feb 28, 2008 2:30:19 PM)
Ralph, please see
http://www.uspto.gov/web/patents/accelerated/
, specifically the "Guidelines" section
JD:
(Feb 28, 2008 2:30:24 PM)
Would the provisional application be better, even if you have the
capital to do the research and perfect your idea?
USPTO Expert2
(Feb 28, 2008 2:31:17 PM)
JD - the use of a provisional application has some negatives as
well as positives. The filing of a provisional application starts
your clock ticking from filing a non-provisional application, as
well as, for filing in other countries. You need to weigh both
provisional and non-provisional applications as part of your
overall business plan.
Sammy:
(Feb 28, 2008 2:31:25 PM)
Where can I find a list of registered attorneys with the USPTO in
my area?
USPTO Expert:
(Feb 28, 2008 2:31:26 PM)
Sammy, Our web site maintains a roster of registered patent
attorneys/agents, go to
http://www.uspto.gov/web/offices/dcom/olia/oed/roster/index.html
to search on our web site.
Linda:
(Feb 28, 2008 2:32:06 PM)
What is the difference between a claim and a dependent claim?
USPTO Expert2:
(Feb 28, 2008 2:33:37 PM) EDITED ANSWER
Linda - a dependent claim contains a reference to a claim
previously set forth and then specify a further limitation of the
subject matter claimed. For example, claim 1. recites a
composition comprising a metal and saline. A dependent claim
would be claim 2. The composition of claim 1 wherein the metal is
aluminum.
**BetterThanEric:
(Feb 28, 2008 2:33:57 PM)
Where can I find information about copyrights?
USPTO Expert:
(Feb 28, 2008 2:33:59 PM)
BetterthanEric, Copyrights are handled by the Copyright Office
which is part of the Library of Congress, go to
www.copyrightoffice.gov
Geo:
(Feb 28, 2008 2:35:15 PM)
I understand that design applications can not get priority from
provisionals, but that design applications can be a divisional of
a utility patent (assuming the Utility has drawings showing the
ornamentation). My question is: What if a Provisional is
converted to a Utility? Can that Utility then have a divisional
design application, effectively getting the provisional's date?
USPTO Expert3:
(Feb 28, 2008 2:35:18 PM) EDITED ANSWER
Geo - If you "convert" a provisional application into a
non-provisional application (see 37 CFR 1.53(c)(3)), and NOT just
filing a non-provisional application that claims the benefit of
the filing date of the provisional application, then you may file
a divisional design application that claims the benefit of the
original filing date (which is the filing date of the now
converted non-provisional application). However, if you have
originally filed a provisional application and then within one
year you filed a non-provisional application claiming the benefit
of the filing date of the provisional application then your
divisional design application stemming from the non-provisional
application would only be entitled to the benefit of the filing
date of the non-provisional application and NOT the benefit of
the filing date of the provisional application. Designs may not
claim benefit to a provisional application.
Lynne:
(Feb 28, 2008 2:37:24 PM)
I am considering applying for a provisional patent as opposed to
a "standard" (is that the right term?) patent. The lawyer fees
for either one exceed my budget. Do you have a guide for
researching the "prior art" and/or any other time consuming
details that I can utilize from home?
USPTO Expert:
(Feb 28, 2008 2:37:49 PM)
Lynne, a "standard" patent application is called non-provisional
patent application. As patents are legal documents the Office
encourages independent inventors to consult a licensed patent
agent or attorney. If they are unfamiliar with the process.
However, there are many things independent inventors can do to
help reduce the cost of their applications, such as writing a
draft application and conducting a search. The PTO web site (
http://www.uspto.gov/web/offices/com/iip/index.htm
) has information for independent inventors. The staff on our
help line are available to answer questions at 1-800-786-9199. In
addition, information is available at Patent Depository
Libraries. A list of libraries is available at
http://www.uspto.gov/web/offices/ac/ido/ptdl/index.html
And further, what are the implications re date of invention when moving from provisional to non-prov and international filings?
USPTO Expert2: (Feb 28, 2008 2:38:03 PM) EDITED ANSWER
Contract 3d - The US has a first to invent system and therefore, recognizes the date of invention when determining which inventor invented first. All other countries have a first to file system which rely on the filing date of the application to determine which inventor was the first to file and therefore, entitled to a patent.
Bluegrass:
(Feb 28, 2008 2:38:29 PM)
How do you convert a provisional to a non provisional?
USPTO Expert3:
(Feb 28, 2008 2:38:31 PM) EDITED ANSWER
Bluegrass - It would be easier to just file the application as a
non-provisional application and claim benefit to the provisional
application. If you are interested in actually "converting" a
provisional application to a non-provisional application, see 37
CFR 1.53(c)(3) (available at
http://www.uspto.gov/web/offices/pac/mpep/consolidated_rules.pdf
).
1234Angela:
(Feb 28, 2008 2:39:15 PM)
If you have a working model of your invention can this be used
when applying for a provisional patent?
USPTO Expert:
(Feb 28, 2008 2:40:44 PM)
1234Angela, Drawings are required in a provisional application
(if necessary for the understanding) of the invention, go to 37
CFR. 1.84
MrsLMA:
(Feb 28, 2008 2:40:49 PM)
Filing a Provisional app. gives me affordable means to obtain
protection while seeking out manufacturers (Patent Pending). But
I know that my invention will only get Design credits in the long
run. Do I forfeit my ability to claim the early filing date if I
file for Design within a year? What is best?
USPTO Expert3:
(Feb 28, 2008 2:40:50 PM)
MrsLMA - Unfortunately any design application you file cannot
receive benefit of the earlier filing date of a provisional
application. So the earlier you file your design application, the
better.
Mai:
(Feb 28, 2008 2:41:48 PM)
Can someone file a theory such as E=mc3 for patent?
USPTO Expert2:
(Feb 28, 2008 2:42:32 PM) EDITED ANSWER
Mai - Under 35 U.S.C. 101, a patent can only be granted for any
new and useful process, machine, manufacture, or composition of
matter and any useful improvement thereof and cannot be granted
for an abstract idea or a mere mathematical formula.
Su2z:
(Feb 28, 2008 2:44:04 PM)
Can a provisional application be filed for an invention that will
be filed as a design patent?
USPTO Expert3:
(Feb 28, 2008 2:44:05 PM)
Su2z - No, there are no provisional applications for designs.
Jeff-G:
(Feb 28, 2008 2:44:33 PM)
In the course of prosecuting several of my inventions, I have
seen that Examiner's have a propensity to come back with an
"obviousness" argument that combines one reference he finds with
a second reference he finds. One could argue that it is only
obvious that one might combine these 2 elements because the
invention has been revealed (by the patent application), but
someone would otherwise not have thought of making this
combination. So my question is: what are the criteria that the
Examiner is supposed to use when applying the obviousness
argument when two references are combined in the argument ?
USPTO Expert:
(Feb 28, 2008 2:44:56 PM)
jeff g, Patent examiners follow the guidelines set forth by the
USPTO in determining in what is obvious. These guidelines are
available at
http://www.uspto.gov/web/offices/pac/mpep/documents/2100_2141.htm
Question:
How can I find out if a mark can be registered
USPTO Expert3:
(Feb 28, 2008 2:47:07 PM)
You can search the records of the USPTO at our website at
http://tess2.uspto.gov/bin/gate.exe?f=tess&state=suk7jb.1.1
. However, you should be aware that this database only includes
marks that have been applied to be registered or are actually
registered as trademarks in the USPTO. There may be entities that
are using marks similar to yours that have not registered or
applied to register them at the USPTO. A more extensive search of
state and public records should be done as well. You can get
further information concerning these matters at your nearest
Patent and Trademark Depository Library. The libraries are listed
at our website at
http://www.uspto.gov/go/ptdl/
.
Mombera:
(Feb 28, 2008 2:47:12 PM)
During an examination does the examiner factor in the
proviosional filing date ?
USPTO Expert2:
(Feb 28, 2008 2:47:29 PM) EDITED ANSWER
Mombera - When an examiner is examining a non-provisional
application that claims the benefit of the filing date of a
provisional application, the examiner will take into
consideration the filing date of the provisional application in
determining prior art only for the claimed subject matter in the
non-provisional application that has support in the provisional
application.
AquaMan:
(Feb 28, 2008 2:49:03 PM)
What is the difference between a Trademark and a Copyright?
USPTO Expert3:
(Feb 28, 2008 2:49:04 PM)
A trademark is a word, symbol, design or any combination thereof
that identifies the goods or services of a particular entity and
distinguishes them from the goods and services of other entities.
A copyright protects the expression of an idea. They are two very
different forms of intellectual property with different
parameters of protection.
Ralph:
(Feb 28, 2008 2:51:08 PM)
Does an application go into que when the provisonal is filed or
when the actual application is filed.?
USPTO Expert2:
(Feb 28, 2008 2:51:59 PM) EDITED ANSWER
Ralph - A provisional application is not examined and therefore,
does not go into the examination que when the provisional
application is filed. When you file a non-provisional application
that claims the benefit of the filing date of the provisional
application, the non-provisional application is placed in the
examination que based on its own filing date.
Jm:
(Feb 28, 2008 2:52:15 PM)
Why is it that when I call the EFS Help Center with a specific
question I rarely get an answer other than, "I don't know?"
Usuallly they send me to the Inventor's Assistance Center, which
has not been trained in the use of EFS. Even so, the IAC is more
helpful in using EFS than the EFS Help Center.
USPTO Expert:
(Feb 28, 2008 2:52:17 PM)
jm, The USPTO is always looking for input from our customers, we
appreciate your comments and will forward to the appropriate
Office.
Sheena:
(Feb 28, 2008 2:52:26 PM)
trying to make this a bit clearer .....if u take a game of
dancing apples (where the game rules are utility-patented), and
change it to a game of dancing oranges (still using the utility
patented game rules), can you get a design patent on the game of
dancing oranges? Basically a design patent on top of another
inventor's utility patented invention. If so, and you sell this
new product that has your patented design, but "someone elses "
utility-patented functionality, then what rights does the owner
of that utility-patented design, which you are using, have?
USPTO Expert3:
(Feb 28, 2008 2:52:31 PM) EDITED ANSWER
Sheena Consulting a lawyer is advisable. ["Questions regarding
infringement and rights of the patent holder should be directed
to a registered patent attorney or agent."]
JD:
(Feb 28, 2008 2:53:15 PM)
Do other countries, such as Japan, follow your approval and
issuing of a patent? I realize there may still be fees to other
countries. But do you have to go through all the hoops each and
everytime you take you product in to a new country or market?
USPTO Expert2:
(Feb 28, 2008 2:53:18 PM)
JD - At this time their is no "world patent." If you want patent
protection in foreign countries, you have to file patent
applications in those countries and follow their processes and
procedures.
CuriousAbout:
(Feb 28, 2008 2:54:06 PM)
I'm from Pittsburgh, pa. Where can I go to get a Patent?
USPTO Expert2:
(Feb 28, 2008 2:55:15 PM)
CuriousAbout - The patents are filed with the United States
Patent and Trademark Office at the Alexandria, VA via mail or
on-line. Please visit our website at www.uspto.gov for additional
information on how to file a patent application.
Prometheus:
(Feb 28, 2008 2:57:11 PM)
Is there a limit to the amount of money I can establish in a
deposit account?
USPTO Expert:
(Feb 28, 2008 2:58:19 PM)
Prometheus, the minimum balance is $1000.00, please go to
http://www.uspto.gov/web/offices/ac/comp/fin/faqdepac.htm
Heidi455:
(Feb 28, 2008 2:58:23 PM)
In the December Chat Expert 3 wrote "Patent pending does not
guarantee patent protection, but once a patent is issued you may
have provisional rights to the time of patent pending status if
infringed. " Where can I find more info on such provisional
rights?
USPTO Expert2:
(Feb 28, 2008 3:00:26 PM)
We need to go back and capture the question from our December
chat. We will include that question and the answer in our
transcript which should be available on line within the next
couple of weeks.
Baileys:
(Feb 28, 2008 3:00:34 PM)
re trademarks - does the trademark cover just the symbol or the
symbol and verbage?
USPTO Expert3:
(Feb 28, 2008 3:00:38 PM)
Baileys - A trademark is whatever the trademark user wants it to
be - provided it complies with the requirements and prohibitions
of US Trademark law. A trademark can be a word, symbol, design or
combination there of. It is not necessarily just a work or just a
design - it can be either or both.
Su2z:
(Feb 28, 2008 3:01:28 PM)
If a trademark that I am interested was applied for by someone
else but they abandonded their application and it is now dead can
I apply for the same trademark?
USPTO Expert3:
(Feb 28, 2008 3:02:15 PM)
You can apply for the trademark but you should be aware that just
because an application has been abandoned in the USPTO, it does
not mean that the owner of that mark is no longer using the mark.
Use of a mark by another can cause problems further down the line
in the form of an opposition or cancellation proceeding.
Comatson:
(Feb 28, 2008 3:02:34 PM)
I am a new inventor, How do I start the patent process, should I
sign with a "patent agency" and if so, how do I know that my idea
is protected. Also, If I use a google search for patents, is that
good enough?
USPTO Expert:
(Feb 28, 2008 3:02:37 PM)
The Office strongly suggests you review information we have that
all inventors should be aware of before doing business with any
invention promotion firm, go to
http://www.uspto.gov/web/offices/com/iip/index.htm
. As far as moving forward get information from our Office about
the patent process, consider the public library for self help
books or look for a local inventors group at www.uiausa.org Also
visit a PTDL for assistance with searching,
http://www.uspto.gov/web/offices/ac/ido/ptdl/index.html
1234Angela:
(Feb 28, 2008 3:02:45 PM)
Is there a weblink to go to the reference you made in my original
question? 37 CRF 1.84
USPTO Expert:
(Feb 28, 2008 3:03:08 PM)
1234Angela, here is the link,
http://www.uspto.gov/web/offices/pac/mpep/consolidated_rules.pdf
Baileys:
(Feb 28, 2008 3:03:12 PM)
Do you need an attoprney to file for a trademark?
USPTO Expert3:
(Feb 28, 2008 3:04:00 PM)
You do not have to use an attorney to file a trademark
application but it is recommended since the prosecution of a
trademark application can get complicated.
Comatson:
(Feb 28, 2008 3:05:41 PM)
How do I contact the inventor's assisstance center?
USPTO Expert2:
(Feb 28, 2008 3:05:42 PM)
Comatson - the phone number to the Inventor's Assistance Center
is 1-800-786-9199.
1234Angela:
(Feb 28, 2008 3:06:28 PM)
Can photos of the working article be used, or must the drawing be
'hand drawn?"
USPTO Expert3:
(Feb 28, 2008 3:06:28 PM)
1234Angela - There are limited instances in which photographs may
be submitted. See 37 CFR 1.84(a)(2) and (b)(1) and (b)(2)
regarding photographs (available at
http://www.uspto.gov/web/offices/pac/mpep/consolidated_rules.pdf
). Generally, photographs do not reproduce well, which could
affect the patent holder's rights in court. For design patents,
the visual disclosure is critical, so photographs are permitted
only when the design cannot be illustrated in pen and ink.
ZANE714:
Can I register a business name as a trademark?
USPTO Expert3:
(Feb 28, 2008 3:09:39 PM)
zane714 - You can register a business name as a trademark IF it
is being used as a trademark. A trademark must identify the goods
and services of a particular entity - it is not intended to
identify the entity itself which is what a business name
does.
Patience:
(Feb 28, 2008 3:09:45 PM)
FYI - I tried to search all 225 patents granted for interactive
television and was only able to retrieve the first 50, an
error/truncated messge followed...can you fix this so that we can
review the remaining 175?
USPTO Expert:
(Feb 28, 2008 3:09:59 PM)
patience, we will answer your question in our transcript to be
posted in about 2 weeks on the homepage,
www.uspto.gov
MG:
(Feb 28, 2008 3:10:16 PM)
For example, Provisional was filed in 2003 with no claims, then
nonprovisional was filed in 2006 with claims but is based on the
provisional that was filed in 2003, would the patent term start
in 2003 or 2006?
USPTO Expert2:
(Feb 28, 2008 3:10:22 PM) EDITED ANSWER
MG - to claim to the benefit of the filing date of a provisional
application, a non-provisional application must be filed within
one year of the filing date of the provisional application. So in
your case, the non-provisional application would not be entitled
to the benefit of the filing date of the provisional application
since the non-provisional application was filed more than one
year from the filing date of the provisional application. Patent
term is a separate issue from whether a non-provisional
application can claim the benefit of the filing date of a
provisional application. Patent term is never measured from the
filing date of the provisional application. It is measured from
the filing date of a non-provisional application. See 35 U.S.C.
154(a)(2) and (a)(3) (available at
http://www.uspto.gov/web/offices/pac/mpep/consolidated_laws.pdf
).
Nds2kw:
(Feb 28, 2008 3:10:30 PM)
Can a slogan be trademark or copyright even if it was already do
in a foreign language?
USPTO Expert3:
(Feb 28, 2008 3:10:49 PM)
nds2kw - a slogan can be registered as a trademark even if it is
in a foreign language. You will be asked for a translation of the
foreign terminology in the course of the prosecution of the
application. Your copyright question should be directed to the US
Copyright Office.
Nepal:
(Feb 28, 2008 3:11:16 PM)
What are the major resources that can be relied on for patent
searching for patentability, infringement, and validity ? A local
PDTL staff tells me that no one is using PDTL these days. Please
let me know what options I have.
USPTO Expert2:
(Feb 28, 2008 3:12:00 PM)
Nepal - PTDL still report that over one million visitors use
their services each year. We highly recommend that you visit your
local PTDL. Individual PTDLs very widely usage statistics.
USPTO Expert:
(Feb 28, 2008 3:13:56 PM)
Thank you for joining us today, as usual we receive far more
questions than we can answer, and only the questions that were
posted today receive answers. If you did not see your question,
please visit our FAQ's from previous chats,
http://www.uspto.gov/web/offices/com/iip/transcripts.htm
or contact our Inventors Assistance Center at 1-800-786-9199. Our
transcript should be posted in about 2 weeks on the homepage. Our
next chat will be in April, have a good afternoon!

