FAQs Patent Questions

Question:A Patentee who makes or sells patented articles is required to mark the articles with the word “Patent”

Answer:
A patentee who makes or sells patented articles, or a person who does so for or under the patentee is required to mark the articles with the word “Patent” and the number of the patent. The penalty for failure to mark is that the patentee may not recover damages from an infringer unless the infringer was duly notified of the infringement and continued to infringe after the notice.

Question:Utility patents protects the way an article is used and works and a design patent protects the way an article looks.

Answer:
A “utility patent” protects the way an article is used and works (35 U.S.C. 101), while a "design patent" protects the way an article looks (35 U.S.C. 171). Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance.

Question:Where Can I get a Copy of a Patent?

Answer:
Copies of patents can downloaded (for free) from the following websites: The USPTO The European Patent Office These sites only allow one to download patents one page at a time (although you can get the text, without images, from the USPTO all at once) and can be time consuming to obtain. In some instances, it may be easier to order a patent from the USPTO, or from one of many commerical sources such as Dialog and Micropatent.

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