FAQs Patent Questions

Question:Can the USPTO assist me in the developing and marketing of my patent?

Answer:
No. The Office cannot act or advise concerning the business transactions or arrangements that are involved in the development and marketing of an invention. The Office, however, will publish for a fee, at the request of a patent owner, a notice in the Official Gazette that the patent is available for licensing or sale. In addition, the Office of Independent Inventor Programs (OIIP) was established in March 1999 in order to meet the special needs of independent inventors.

Question:How is a copyright different from a patent or a trademark?

Answer:
Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

Question:What is the Federal mandate that requires an extramural invention tracking system?

Answer:
New provisions to the Code of Federal Regulations came with the enactment of the Bayh-Dole Act of 1980. These provisions (CFR) stipulated the need for all grantees or contractors to report on activities involving the disposition of certain intellectual property rights that result from Federally funded research (37CFR Part 401).

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