Frequently Asked Questions
1 - Is every new design, invention or process patentable?
2 - How do I know if my invention is patentable?
3 - I’d like to discuss my invention with other students or colleagues, or maybe even some people in industry to get opinions on it. Are there any steps I should do to try to safeguard my invention?
4 - I’m an Penn State undergraduate student and I think I have a patentable invention.I know I own all the intellectual property and want to protect the invention, but I don’t have the money to do even begin the patent process. What can I do?
5 - What is a patent?
6 - What is a trademark?
7 - What is a copyright?
Is every new design, invention or process patentable?
No. For an invention to be patentable it must judged to be novel, non-obvious,useful, and in most cases has been “reduced to practice” – meaning a working model or prototype exists.
The U.S. Patent Office issues three types of patents:
- tility Patents which cover new and useful machines, processes (software and chemical),articles of manufacture, and compositions of matter.
- Design Patents, which cover the visual appearance of an item.
- Plant Patents, which cover new varieties of plants.
How do I know if my invention is patentable?
The inventor can o some basic checks on their invention idea to help decide its patentability prior to starting the cost-intensive patent process.Use the following chart as a guide.
I’d like to discuss my invention with other students or colleagues, or maybe even some people in industry to get opinions on it. Are there any steps I should do to try to safeguard my invention?
One of the requirements for a successful patent is that the invention must not have been described in a printed publication anywhere in the world more than a year before the patent application is filed.Therefore, the inventor must be careful in publishing details about the invention prior to patent application.
Discussing your invention with colleagues or potential partners with slide presentations or short written descriptions should be done with caution. The inventor should have anyone receiving invention information sign a Non-Disclosure Agreement. {Mark: we can link to sample NDA form….I have one}.
I’m an Penn State undergraduate student and I think I have a patentable invention. I know I own all the intellectual property and want to protect the invention, but I don’t have the money to do even begin the patent process. What can I do?
One option is to contact the Penn State Intellectual Property Office (IPO) and set up a meeting to discuss your invention. Penn State can help in the initial filing of a provisional patent application and will cover the fees if the student agrees to have be handled like Penn State personnel (faculty/staff). The royalty split would then be 40/20/40 (inventor/Department/Penn State) for the invention.
Another option is to carefully present the invention idea (with Non-Disclosure Agreements in place) with potential investors. However, this approach can be dangerous unless you have complete faith in the people you are collaborating with. An invention concept is difficult to protect and to know if it has been stolen before it is too late.
The final option is submit a provisional patent application (a $75 fee to the U.S. Patent Office) along with a patent report. The provisional patent application gives the inventor one year of protection from the date of application. During this one year period, the inventor can decide whether to proceed with the full patent process (costing on average $10,000 for a U.S. patent) or stopping the patent process.
What is a patent?
a grant of property right by the U.S. Patent and Tradmark Office (PTO) to the inventor for a term of 20 years, which excludes others from making, using, offering for sale, or selling the invention in the United States or importing the invention into the United States. The PTO administers the patent laws, examines applications for patents, grants patents, and maintains libraries for public patent access.
Inventors can file for a provisional application for patent ($75) to help establish an early effective filing date, permits use of the term "Patent Pending", and allows for one year of protection while a decision is made to file a full patent application. The full patent process will typically take at least one year, and cost a minimum of $10,000.
In addition the Patent Search Room at the PTO in Washington. D.C., inventors can do patent research and information gathering at Patent and Trademark Depository Libraries (PTDLs). There are 80 PTLDs in the United States, with one located at Penn State University's Pattee Library Each PTDL receives current issues of U.S. Patents, maintains a collection of earlier issued patents and trademarks, and can provide patent publications and forms. The Penn State Pattee Library PTDL is located in ___________________ , with technical staff to assist in patent information searches.
What is a trademark?
a word, phrase, symbol or design (or a combination of these items) which identifies and distinguishes the source of goods and services of one party from another. Trademark rights come from either actual use of the mark or the registration of the trademark (also called a "mark") with the U.S. Patent and Trademark Office (PTO). The first party to either use a mark or files an application in the PTO has the ultimate right to register that mark. The symbol TM designates that the word, phrase, symbol or design is considered to be a mark, but is not a registered trademark with the PTO. The symbol (R) designates a PTO registered trademark.
The application filing fee is $245 for each class of goods or services listed. (There are 34 different classes of goods, such as chemicals, paints, vehicles, games, etc., and 8 classes of services, such as advertising, insurnace, education, etc.). Note that the application fee will not be refunded if a conflict is found bt the PTO and the mark can not be registered. Therefore, having a trademark search done before filing the application is generally recommended. Total cost of trademark search and application will be approximately $800.
What is a copyright?
the right granted by law to an author or other creator to control use of a published or unpublished writing, computer software, multimedia work, sound recording, and audio/visual work. The coipyright law grants owners of a copyright the sole right to allow reproduction of the work, distribution of copies, develop new versions of the work, and perform/display the work. Copyright protection granted after 1978 lasts for 50 years after the death of the author. "Fair Use" under U.S. Copyright Law permits limited use of protions of a copyrighted work for purposes such as comment, criticism, news reporting, teaching, scholarship, and research.
The Copyright Act provides that copyright protection begins at the moment the work is created. Registration with the Copyright Office is NOT required for a work to be protected under U.S. copyright law. Registration provides certain advantages including the ability to sue for copyright infringement.
The U.S. Copyright Office maintains records of registered works by author and title. Visit the Copy Right Office website at http://lcweb.loc.gov/copyright/circ.html. The circular entitled "How to Investigate the Copyright Status of a Work" (Circular 22) gives the basic steps in starting copyright research.