FAQs Patent Questions

Question:The patent law specifies that its subject matter must be useful, meaning it is able to perform its intended purpose.

Answer:
The patent law specifies that the subject matter must be “useful.” The term “useful” in this connection refers to the condition that the subject matter has a useful purpose and also includes operativeness, that is, a machine which will not operate to perform the intended purpose would not be called useful, and therefore would not be granted a patent.

Question:A design patent application may only include a single claim, that claim defines the design which applicant wishes to patent

Answer:
A design patent application may only include a single claim. The claim defines the design which applicant wishes to patent, in terms of the article in which it is embodied or applied. The claim must be in formal terms to “The ornamental design for (the article which embodies the design or to which it is applied) as shown.” The description of the article in the claim should be consistent in terminology with the title of the invention.

Question:How often is the USPTO database updated?

Answer:
The database is normally updated every Tuesday, the day patents are issued. Exceptions may occur for Federal holidays and when problems arise with data availability.

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