Intellectual property lawLesson 5 of 5 in the course Patent Basics

Patent Applications, Claim Scope, and USPTO Examination

5 flashcards · 5 quiz questions · 5 match pairs · 5 fill-in sentences · English

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Summary

Applying for a patent begins with decisions that affect cost, timing, and the rights an inventor may ultimately obtain. This lesson introduces patent types, applicant filing-status categories, and the choice between provisional and nonprovisional applications.

An applicant first considers which kind of patent is appropriate: a utility patent, a design patent, or a plant patent. The choice depends on the subject matter for which protection is sought.

All flashcards

What is a provisional patent application?
An abbreviated, unexamined filing with a specification and any drawings needed to understand the invention; it remains viable for one year.
When can a provisional filing provide an earlier filing date?
A later nonprovisional application may benefit for subject matter adequately supported by the provisional disclosure.
What is a nonprovisional patent application?
The complete application that enters examination.
What does a patent claim define?
The scope of patent protection being sought.
What is an office action?
An examiner's communication that may allow claims, reject them, or request information.

Quiz questions

  1. Which three patent types may an applicant consider based on the subject matter to be protected?Answer: Utility, design, and plant patents.
  2. What may a patent examiner communicate in an office action?Answer: Claims may be allowed, rejected, or subject to an information request.
  3. Why can a highly specific, narrow patent claim be vulnerable to design-arounds?Answer: A competitor may avoid it by changing a feature the claim specifies.
  4. Which is an option after a final rejection of patent claims?Answer: Cancel rejected claims, pursue a continuation, or appeal.
  5. What happens after an applicant pays the applicable issue fee for an allowed patent?Answer: The USPTO issues the patent.

Based on Introduction to Intellectual Property by David Kline, David Kappos (OpenStax), licensed CC BY 4.0. Adapted into a summary, flashcards and quizzes.

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