Patentes en estados unidos

UNIVERSIDAD TECNOLÓGICA DE MÉXICO

MAESTRÍA EN DERECHO EMPRESARIAL Y DE LOS NEGOCIOS INTERNACIONALES

TRABAJO: PATENTES EN ESTADOS UNIDOS

ALUMNO:

Septiembre de 2009

TABLE OF CONTENTS

1. Introduction to the USPTO
2. Functions of the United States Patent and Trademark Office
3. What Is a Patent?
4. Patent Laws
5. What Can Be Patented?
6. Novelty AndNon-Obviousness, Conditions For Obtaining A Patent
7. The United States Patent And Trademark Office
8. General Information and Correspondence
9. Library, Search Room Searches and Patent and Trademark Depository Libraries
10. Attorneys and Agents
11. Disclosure Document Program
12. WARNING to Inventors
13. Provisional Application for Patent
14. Patent and Trademark DepositoryLibraries (PTDLs)
15. Independent Inventor Resources
16. Who May Apply For A Patent?
17. Application For Patent
18. Provisional Application for a Patent
19. Publication of Patent Applications
20. Oath or Declaration, Signature
21. Filing, Search, and Examination Fees
22. Specification (Description and Claims)
23. Drawings
24. Models, Exhibits, And Specimens
25.Examination of Applications and Proceedings in the United States Patent and Trademark Office
26. Restrictions
27. Office Action
28. Applicant’s Reply
29. Final Rejection
30. Amendments to Application
31. Time for Reply and Abandonment
32. Appeal to the Board of Patent Appeals and Interferences and to the Courts
33. Interferences
34. Allowance and Issue of Patent
35. PatentTerm Extension and Adjustment
36. Nature of Patent and Patent Rights
37. Maintenance Fees
38. Correction of Patents
39. Assignments and Licenses
40. Recording of Assignments
41. Joint Ownership
42. Infringement of Patents
43. Patent Marking and Patent Pending
44. Design Patents
45. Plant Patents
46. Treaties and Foreign Patents
47. Foreign Applicants for U.S.Patents
48. Bibliography

Introduction to the USPTO

For over 200 years, the basic role of the United States Patent and Trademark Office (USPTO) has remained the same: to promote the progress of science and the useful arts by securing for limited times to inventors the exclusive right to their respective discoveries (Article 1, Section 8 of the United States Constitution). Under this system ofprotection, American industry has flourished. New products have been invented, new uses for old ones discovered, and employment opportunities created for millions of Americans. The strength and vitality of the U.S. economy depends directly on effective mechanisms that protect new ideas and investments in innovation and creativity. The continued demand for patents and trademarks underscores theingenuity of American inventors and entrepreneurs. The USPTO is at the cutting edge of the Nation’s technological progress and achievement.

The USPTO is a federal agency in the Department of Commerce. The USPTO occupies five interconnected buildings in Alexandria, Virginia. The office employs over 7,000 full time staff to support its major functions--- the examination and issuance of patents andthe examination and registration of trademarks.

The USPTO has evolved into a unique government agency. Since 1991--under the Omnibus Budget Reconciliation Act (OBRA) of 1990--the agency has been fully fee funded. The primary services the agency provides include processing patent and trademark applications and disseminating patent and trademark information.

Through the issuance of patents, theUSPTO encourages technological advancement by providing incentives to invent, invest in, and disclose new technology worldwide. Through the registration of trademarks, the agency assists businesses in protecting their investments, promoting goods and services, and safeguarding consumers against confusion and deception in the marketplace. By disseminating both patent and trademark information,...