Application to a Patent: Nonprovisional application for a Patent: It must be submitted in English, or be accompanied by a translation in English with a statement that the translation is accurate. Additionally, the corresponding fee must be paid. The application shall be written, and it must include: The Utility Patent Application Transmittal Form or Transmittal more…
Rights: Term of protection: The US Regimen contemplates three different kinds of patents, each one with its own characteristics and time of protection, as it can be seen on the following chart: Rights conferred: Under the US Regime, the rights conferred to the patentee are the rights to exclude others from: Making; Using; Selling; Offering more…
This information has been taken from: THOMAS, John R. (2014) Compulsory Licensing of Patented Inventions. CRS – Congressional Research Service. Available in: https://www.ipmall.info/sites/default/files/hosted_resources/crs/R43266_140114.pdf The Title 35 of the US Code does not include a general compulsory licensing provision. However, a series of circumstances must be taken on account when addressing the US Compulsory Licensing Regime. more…
The application is required to be made or authorized by the actual inventor of the claimed subject matter. Also, the inventor must sign a statement, under oath, that acknowledges the duties attendant to obtain a patent, as required under §§111 – 115 of the United States Code. Even though the proprietary rights of a patent more…
Unlike the requirements of the Andean Community or under the European Patent Convention, under the United States system Patents shall be granted for inventions, designs or plants whose subject matter is susceptible to be patentable, are new and fulfill the requirement of non-obviousness. Patentable Subject Matter: Whoever invents or discovers any: New and useful process, Machine, Manufacture or more…
