FAQs Patent Questions

Question:A joint owner of a patent may sell the invention for his or her own profit provided they do not infringe another’s patent rights or the joint owners have a contract

Answer:
Any joint owner of a patent, no matter how small the part interest, may make, use, offer for sale and sell and import the invention for his or her own profit provided they do not infringe another’s patent rights, without regard to the other owners, and may sell the interest or any part of it, or grant licenses to others, without regard to the other joint owner, unless the joint owners have made a contract governing their relation to each other.

Question:Is there any danger that the USPTO will give others information contained in my application while it is pending?

Answer:
Most patent applications filed on or after November 29, 2000, will be published 18 months after the filing date of the application, or any earlier filing date relied upon under Title 35, United States Code. Otherwise, all patent applications are maintained in the strictest confidence until the patent is issued or the application is published. After the application has been published, however, a member of the public may request a copy of the application file.

Question:Color drawings are allowed after a petition is granted stating why the colored drawing is needed

Answer:
The Office will accept color drawings in utility or design patent applications and statutory invention registrations only after granting a petition filed under this paragraph explaining why the color drawings are necessary.

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