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:A patent is considered personal property and may be sold, mortgaged and may pass on to the heirs of a deceased patentee.

Answer:
A patent is personal property and may be sold to others or mortgaged; it may be bequeathed by a will; and it may pass to the heirs of a deceased patentee. The patent law provides for the transfer or sale of a patent, or of an application for patent, by an instrument in writing.

Question:Public Law 91577 provides a system of protection for sexually reproduced varieties, for which protection was not previously provided,

Answer:
Public Law 91577, approved December 24, 1970, provides for a system of protection for sexually reproduced varieties, for which protection was not previously provided, under the administration of a Plant Variety Protection Office within the Department of Agriculture.

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