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:A design patent application may only include a single claim, that claim defines the design which applicant wishes to patent

Answer:
A design patent application may only include a single claim. The claim defines the design which applicant wishes to patent, in terms of the article in which it is embodied or applied. The claim must be in formal terms to “The ornamental design for (the article which embodies the design or to which it is applied) as shown.” The description of the article in the claim should be consistent in terminology with the title of the invention.

Question:In order to disclose the appearance of the claimed design you must provide sufficient protographs.

Answer:
The drawings or photographs should contain a sufficient number of views to completely disclose the appearance of the claimed design, i.e., front, rear, right and left sides, top and bottom.

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