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In United States patent law, utility is a patentability requirement. [1] As provided by 35 U.S.C. § 101 , an invention is "useful" if it provides some identifiable benefit and is capable of use and "useless" otherwise. [ 2 ]
Patent applications can be filed at the United States Patent and Trademark Office (USPTO). Prior to June 7, 1995, the duration of a US utility patent was 17 years from patent issuance. Since that date, the duration of the US utility patent is 20 years from the earliest effective filing date.
(d) the invention was first patented or caused to be patented, or was the subject of an inventor's certificate, by the applicant or his legal representatives or assigns in a foreign country prior to the date of the application for patent in this country on an application for patent or inventor's certificate filed more than twelve months before ...
J. E. M. Ag Supply, Inc. v. Pioneer Hi-Bred International, Inc., 534 U.S. 124 (2001), [1] was a decision of the United States Supreme Court holding for the first time that utility patents may be issued for crops and other flowering (sexually reproducing) plants under 35 U.S.C. § 101. [2]
The original patent term under the 1790 Patent Act was decided individually for each patent, but "not exceeding fourteen years". The 1836 Patent Act (5 Stat. 117, 119, 5) provided (in addition to the fourteen-year term) an extension "for the term of seven years from and after the expiration of the first term" in certain circumstances, when the inventor hasn't got "a reasonable remuneration for ...
(d) - data for 1836 include 599 patents issued prior to July 4, the effective date of the 1836 patent law (e) - "Patents", as used in this column, refers to "patents for inventions", also known as "utility" patents Data Sources (a) - recent statistics are obtained from the report, U.S. Patent Statistics Report, U.S. Patent and Trademark Office ...
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