FAQs Patent Questions

Question:An inventor faces possible loss of benefits during his two-year retention period.

Answer:
The two-year retention period is not a “grace period” during which the inventor can wait to file his or her patent application without possible loss of benefits. It must be recognized that, in establishing priority of invention, an affidavit or testimony referring to a Disclosure Document must usually also establish diligence in completing the invention or in filing the patent application after the filing of the Disclosure Document.

Question:Use of inventions more than one year prior to filling a patent will prohibit the granting of a patent

Answer:
Inventors are also reminded that any public use or sale in the United States or publication of the invention anywhere in the world more than one year prior to the filing of a patent application on that invention will prohibit the granting of an U. S. patent on it.

Question:Applicants can reinstate a cancelled claim by presenting the text of the canceled claim with the changes in a new claim

Answer:
Applicant can reinstate a canceled claim by presenting the text of the canceled claim with any desired changes in a new claim with a new claim number and use the status identifier, (new).

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