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GERMAN CASTILLO LAW OFFICE, P.C.
| Immigration Law and Intellectual Property |
| A P r o f e s s i o n a l C o r p o r a t i o n |
| German Castillo Law Office, P.C. 14090 Southwest Freeway, Suite 300, Sugar Land, TX 77478 Tel (281) 340-2027; (281) 980-1385; Toll Free Fax 1 (866) 416-0059; California: Tel (650) 270-5239 INTERNATIONAL OFFICE: PHILIPPINES: 6/F Padilla Building, Emerald Avenue, Ortigas Center, Pasig City, Philippines Tel (63-918) 906-8142 Fax (63-2) 631-1546 |
| All contents copyright © German Castillo Law Office 2005-2007. All rights reserved. This website is designed and managed by Z-Media Publishing and Design - E-mail: design@z-mediapd.com |
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| Our law firm offers services in the areas of Patents, Trademarks, Copyrights and Licensing. Some of our services include: Patent searching Patent application drafting Technical drawings Patent prosecution Trademark searching Trademark application drafting Trademark prosecution Copyright application filing Licensing agreements |
| “Attorney German Castillo and his Team provide excellent customer service. Their speed and efficiency help us confidently meet deadlines and targets. I am also very impressed with German’s understanding of complex legal issues and his ability to break them down into layman’s terms for us. He always makes it a point to give us very clear and detailed information on any questions or concerns we may have. He has a proactive approach to finding the right solution for each specific case. German and his team are focused on delivering results. It makes perfect business sense to work with them.” - S.B., Director of an I.T. Company, Texas, U.S.A. Corporate Client |
What Is a Patent?
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent
and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application
for the patent was filed in the United States or, in special cases, from the date an earlier related application
was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United
States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or
adjustments may be available.
The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to
exclude others from making, using, offering for sale, or selling” the invention in the United States or
“importing” the invention into the United States. What is granted is not the right to make, use, offer for sale,
sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the
invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.
There are three types of patents:
1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine,
article of manufacture, or composition of matter, or any new and useful improvement thereof;
2) Design patents may be granted to anyone who invents a new, original, and ornamental design for an article
of manufacture; and
3) Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and
new variety of plant.
Who May Apply For A Patent?
According to the law, only the inventor may apply for a patent, with certain exceptions. If a person who is not
the inventor should apply for a patent, the patent, if it were obtained, would be invalid. The person applying
in such a case who falsely states that he/she is the inventor would also be subject to criminal penalties. If the
inventor is dead, the application may be made by legal representatives, that is, the administrator or executor
of the estate. If the inventor is insane, the application for patent may be made by a guardian. If an inventor
refuses to apply for a patent or cannot be found, a joint inventor or, if there is no joint inventor available, a
person having a proprietary interest in the invention may apply on behalf of the non-signing inventor.
If two or more persons make an invention jointly, they apply for a patent as joint inventors. A person who
makes only a financial contribution is not a joint inventor and cannot be joined in the application as an
inventor. It is possible to correct an innocent mistake in erroneously omitting an inventor or in erroneously
naming a person as an inventor.
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.
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent
and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application
for the patent was filed in the United States or, in special cases, from the date an earlier related application
was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United
States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or
adjustments may be available.
The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to
exclude others from making, using, offering for sale, or selling” the invention in the United States or
“importing” the invention into the United States. What is granted is not the right to make, use, offer for sale,
sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the
invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.
There are three types of patents:
1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine,
article of manufacture, or composition of matter, or any new and useful improvement thereof;
2) Design patents may be granted to anyone who invents a new, original, and ornamental design for an article
of manufacture; and
3) Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and
new variety of plant.
Who May Apply For A Patent?
According to the law, only the inventor may apply for a patent, with certain exceptions. If a person who is not
the inventor should apply for a patent, the patent, if it were obtained, would be invalid. The person applying
in such a case who falsely states that he/she is the inventor would also be subject to criminal penalties. If the
inventor is dead, the application may be made by legal representatives, that is, the administrator or executor
of the estate. If the inventor is insane, the application for patent may be made by a guardian. If an inventor
refuses to apply for a patent or cannot be found, a joint inventor or, if there is no joint inventor available, a
person having a proprietary interest in the invention may apply on behalf of the non-signing inventor.
If two or more persons make an invention jointly, they apply for a patent as joint inventors. A person who
makes only a financial contribution is not a joint inventor and cannot be joined in the application as an
inventor. It is possible to correct an innocent mistake in erroneously omitting an inventor or in erroneously
naming a person as an inventor.
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.
QUICK LINK TO USPTO WEBSITE
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INTELLECTUAL
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INTELLECTUAL
PROPERTY LAW