FAQs Patent Questions

Question:The term of a new patent is 20 years from the date it was filed in the United States

Answer:
The term of a new patent is 20 years from the date on which the application for the patent was filed in the United States

Question:The patent law specifies that its subject matter must be useful, meaning it is able to perform its intended purpose.

Answer:
The patent law specifies that the subject matter must be “useful.” The term “useful” in this connection refers to the condition that the subject matter has a useful purpose and also includes operativeness, that is, a machine which will not operate to perform the intended purpose would not be called useful, and therefore would not be granted a patent.

Question:The Official Gazette contains information on Expired patents, Patents reinstated and Reissue Applications

Answer:
No. The Official Gazette contains a section at the front of the book called "Patent and Trademark Office Notices." Each week, the following information is published: a. Expired Patents: Patents that expire due to failure to pay required maintenance fees. These patent numbers are published approximately 3 months after expiration. b. Patents Reinstated: Patents reinstated due to the acceptance of a late maintenance fee. c. Reissue Applications: Patents filed as reissues. d. Reexams: Patents requested to be reexamined. e. Certificates of Correction: Patents granted certificates to correct previously published material. f. Summaries of final decisions issued by the Trademark Trial and Appeal Board.

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