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:The Inventor is the only person allowed to apply for a patent.

Answer:
c, 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.

Question:Amendment documents that changes an existing claim must include a complete listing of all claims presented

Answer:
Any amendment document that includes a change to an existing claim, cancellation of an existing claim or addition of a new claim, must include a complete listing of all claims ever presented.

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