Richard L. Miller
 

FAQ

Can an invention be protected without a patent?
Does the inventor have to go to Washington to apply for a patent?
Does the inventor have to wait until he obtains his patent in order to sell or produce his invention commercially?
What do the terms: "Patent Applied For" and "Patent Pending" mean?
What happens if the inventor makes changes in the invention after obtaining his patent?
Can someone make my invention for his own use?
Does the U.S. Patent protect the invention in foreign countries?
How can I obtain foreign patent protection?


Can an invention be protected without a patent?
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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Does the inventor have to go to Washington to apply for a patent?
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

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Does the inventor have to wait until he obtains his patent in order
to sell or produce his invention commercially?

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

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What do the terms: "Patent Applied For" and "Patent Pending" mean?
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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What happens if the inventor makes changes in the invention after obtaining his patent?
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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Can someone make my invention for his own use?
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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Does the U.S. Patent protect the invention in foreign countries?
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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How can I obtain foreign patent protection?
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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Richard L. Miller
12 Parkside Dr. Dix Hills, NY 11746-4879
Registered Patent Agent
1-800-242-9853 | 1-631-499-4343
www.pto-ag.com      www.inventgold.com      www.patentgold.com

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