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    FAQs Patent Questions


    Question: A patent claim listing is required for preliminary amendments present on the filing date.

    Answer:

    Yes, a claim listing of every claim ever presented in the application is required, even for preliminary amendments present on the filing date of the application. The status identifier, (new), instead of (original), should be used for claims added by a preliminary amendment, even when the preliminary amendment is present on the filing date of the application and the first executed oath or declaration refers to the preliminary amendment.




    Question: Color drawings are allowed after a petition is granted stating why the colored drawing is needed

    Answer:
    The Office will accept color drawings in utility or design patent applications and statutory invention registrations only after granting a petition filed under this paragraph explaining why the color drawings are necessary.




    Question: Plant patents are granted for the entire plant, and only one claim is permitted.

    Answer:
    A plant patent is granted on the entire plant. It therefore follows that only one claim is necessary and only one is permitted.



    Did You Know?

    A patent protects your invention.

    A patent for an invention is a grant of property rights by the U.S. Government through the U.S. Patent and Trademark Office. The patent grant excludes others from making, using, or selling the invention in the United States. The terms "Patent Pending" and "Patent Applied For" are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. Marking of an article as patented, when it is not, is illegal and subject to penalty.

    Contact our Patent Professionals to ensure you complete the patent filing process correctly or for violation of your patent rights.