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Q-1. Can an invention be protected without a
patent? A-1. No. The only way to protect an invention is to secure a patent on it,
for as long as it is unpatented, even though the inventor is entitled
to a patent, anyone may make, use or sell it without the inventor's
permission. Further, there is no provision under the laws for temporary
protection for an invention.
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Q-2. Does the inventor
have to go to Washington to apply for a patent? A-2. No. To start patent proceedings, the inventor need only send a
disclosure of his invention in the form of a model or sketch and
description to Patent Agent, Richard L. Miller. All correspondence and
communications pertaining to an application for patent can be conducted
through the mail, by fax and/or by telephone directly with your
personal Patent Agent, Richard L. Miller, P.E.
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Q-3. Does the inventor have to wait until he
obtains his patent in order to sell or produce his invention
commercially? A-3. No. Many times inventions are commercialized while they are patent
pending the advisability of this matter should be discussed with your
personal Patent Agent, Richard L .Miller, P.E.
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Q-4. What do the terms: "Patent Applied For" and
"Patent Pending" mean? A-4. These terms are commonly used by inventors and manufacturers to serve
notice that an application for patent is pending in the U.S. Patent
Office and when the patent issues, infringers may be sued for damages.
They have no actual legal force but have a practical effect in warning
possible imitators that they may be held liable for infringement in the
event a patent is granted.
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Q-5. What happens if the inventor makes changes in
the invention after obtaining his patent? A-5. If an inventor has made an improvement in the invention after he/she
has obtained a patent, a new application for patent must be filed in
the Patent Office provided the improvement is patentable over the
original invention. The inventor should not hesitate to make changes
that improve his invention. He should inform his personal Patent Agent,
Richard L. Miller as soon as he has perfected an improvement so that an
additional patent application may be prepared and filed, if advisable.
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Q-6. Can someone make my invention for his own use? A-6. No. No one has the right to make a device claimed in an unexpired
patent without the permission of the patentee, even though the maker
wishes to construct the machine solely for his private use, and not for
sale.
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Q-7. Does the U.S. Patent protect the invention in
foreign countries? A-7. No. U.S. patents protect the invention only within the United States
and its territories. In order to protect an invention in foreign
countries, a separate patent application must be filed in each foreign
country in which the inventor wishes to protect his invention.
Information about foreign patents and the advisability of filing is
available from your personal Patent Agent, Richard L. Miller when
processing your case.
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Q-8. How can I obtain foreign patent protection? A-8. You should consider the advantages that are
offered by filing
an application with the World Intellectual Property Organization under
the Patent Cooperation
Treaty (the "PCT"). By having us prepare one PCT application, you
can simultaneously preserve your US filing date in over 140 countries
and have the option of protection in all those countries.
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