FAQs Patent Questions

Question:A joint owner of a patent may sell the invention for his or her own profit provided they do not infringe another’s patent rights or the joint owners have a contract

Answer:
Any joint owner of a patent, no matter how small the part interest, may make, use, offer for sale and sell and import the invention for his or her own profit provided they do not infringe another’s patent rights, without regard to the other owners, and may sell the interest or any part of it, or grant licenses to others, without regard to the other joint owner, unless the joint owners have made a contract governing their relation to each other.

Question:Any member of the U.S. Patent and Trademark office are prohibited from applying for a patent.

Answer:
Officers and employees of the United States Patent and Trademark Office are prohibited by law from applying for a patent or acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent.

Question:Applicants may be required to provide speciments of the composition of their invention if necessary.

Answer:
The applicant may be required to furnish specimens of the composition, or of its ingredients or intermediates, for inspection or experiment. If the invention is a microbiological invention, a deposit of the micro-organism involved is required.

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