Patent caveat
Encyclopedia
A patent caveat was a legal document filed with the United States Patent Office
. Caveats were instituted by the US Patent Act of 1836, but were discontinued in 1909. A caveat was like a patent application
with a description of an invention
and drawing
s, but without claim
s. It was an official notice of intention to file a patent application at a later date. A caveat expired after one year, but was renewable by paying an annual renewal fee. The filing fee for a caveat was much less costly than the filing fee for a patent application and did not entail an additional lawyer's fee for drafting claims. Caveats were similar to provisional application
s used today in the United States Patent and Trademark Office which also expire after one year. However, provisional applications are not now renewable under any circumstances.
According to the Guide to the Practice of the Patent Office 1853, the primary objective of a caveat was to prevent the issuing of a rival patent for the same invention to a subsequent inventor. Before the issuing of a patent, the caveats filed within the preceding year were searched. If one was found for the same invention as the proposed patent, the Patent Office notified the holder of the caveat, who then had three months to submit a formal patent application with claims. If the two patent applications claimed the same invention, an interference would then be declared and neither patent could be issued until it was determined which was the first to invent.
United States Patent and Trademark Office
The United States Patent and Trademark Office is an agency in the United States Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.The USPTO is based in Alexandria, Virginia,...
. Caveats were instituted by the US Patent Act of 1836, but were discontinued in 1909. A caveat was like a patent application
Patent application
A patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. An application consists of a description of the invention , together with official forms and correspondence relating to the application...
with a description of an invention
Invention
An invention is a novel composition, device, or process. An invention may be derived from a pre-existing model or idea, or it could be independently conceived, in which case it may be a radical breakthrough. In addition, there is cultural invention, which is an innovative set of useful social...
and drawing
Patent drawing
A patent application or patent may contain drawings, also called patent drawings, illustrating the invention, some of its embodiments , or the prior art...
s, but without claim
Claim (patent)
Patent claims are the part of a patent or patent application that defines the scope of protection granted by the patent. The claims define, in technical terms, the extent of the protection conferred by a patent, or the protection sought in a patent application...
s. It was an official notice of intention to file a patent application at a later date. A caveat expired after one year, but was renewable by paying an annual renewal fee. The filing fee for a caveat was much less costly than the filing fee for a patent application and did not entail an additional lawyer's fee for drafting claims. Caveats were similar to provisional application
Provisional application
Under United States patent law, a provisional application for patent is a legal document filed in the United States Patent and Trademark Office , that establishes an early filing date, but which does not mature into an issued patent unless the applicant files a regular patent application within one...
s used today in the United States Patent and Trademark Office which also expire after one year. However, provisional applications are not now renewable under any circumstances.
According to the Guide to the Practice of the Patent Office 1853, the primary objective of a caveat was to prevent the issuing of a rival patent for the same invention to a subsequent inventor. Before the issuing of a patent, the caveats filed within the preceding year were searched. If one was found for the same invention as the proposed patent, the Patent Office notified the holder of the caveat, who then had three months to submit a formal patent application with claims. If the two patent applications claimed the same invention, an interference would then be declared and neither patent could be issued until it was determined which was the first to invent.
See also
- United States Defensive PublicationUnited States Defensive PublicationA United States Defensive Publication is a published patent application for which the inventor has elected not to get patent coverage. Defensive Publications were made between April 1968 and May 8, 1985...
- United States Statutory Invention RegistrationUnited States Statutory Invention RegistrationIn United States patent law, a statutory invention registration is a publication of an invention by the United States Patent and Trademark Office . The publication is made at the request of the applicant...
