FAQs Patent Questions

Question:A Patentee who makes or sells patented articles is required to mark the articles with the word “Patent”

Answer:
A patentee who makes or sells patented articles, or a person who does so for or under the patentee is required to mark the articles with the word “Patent” and the number of the patent. The penalty for failure to mark is that the patentee may not recover damages from an infringer unless the infringer was duly notified of the infringement and continued to infringe after the notice.

Question:The title of the design must identify the article in which the design is embodied.

Answer:
The Title of the design must identify the article in which the design is embodied by the name generally known and used by the public. Marketing designations are improper as titles and should not be used. A title descriptive of the actual article aids the examiner in developing a complete field of search of the prior art.

Question:If two or more persons make an invention jointly, they apply for a patent as joint inventors

Answer:
If two or more persons make an invention jointly, they apply for a patent as joint inventors. A person who makes only a financial contribution is not a joint inventor and cannot be joined in the application as an inventor.

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