Publication of Patent Applications

FreshPatents.com is pleased to present this information about "Publication of Patent Applications". This is the same information as provided by the USPTO for inventors, entrepeneurs and prospective patentholders as of our last update on 01/28/08.
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"Publication of Patent Applications" patent information

"Publication of patent applications is required by the American Inventors Protection Act of 1999 for most plant and utility patent applications filed on or after November 29, 2000. On filing of a plant or utility application on or after November 29, 2000, an applicant may request that the application not be published, but only if the invention has not been and will not be the subject of an application filed in a foreign country that requires publication 18 months after filing (or earlier claimed priority date) or under the Patent Cooperation Treaty. Publication occurs after the expiration of an 18-month period following the earliest effective filing date or priority date claimed by an application. Following publication, the application for patent is no longer held in confidence by the Office and any member of the public may request access to the entire file history of the application.

As a result of publication, an applicant may assert provisional rights. These rights provide a patentee with the opportunity to obtain a reasonable royalty from a third party that infringes a published application claim provided actual notice is given to the third party by applicant, and a patent issues from the application with a substantially identical claim. Thus, damages for pre-patent grant infringement by another are now available."

Source: USPTO - This information on "Publication of Patent Applications" is current as of: 01/28/08

Contents

1. What Is a Patent?
2. What Is a Trademark or Servicemark?
3. What Is a Copyright?
4. Patent Laws
5. What Can Be Patented
6. Conditions For Obtaining A Patent
7. The United States Patent And Trademark Office
8. Attorneys and Agents
9. Disclosure Document Program
10. Who May Apply For A Patent
11. Non-Provisional Application for a Patent
12. Provisional Application for a Patent
13. Publication of Patent Applications
14. § 1.84 Standards for Drawings
15. Issue of Patent
16. Maintenance Fees
17. Correction of Patents
18. Infringement of Patents
19. Design Patents