FAQs Patent Questions

Question:Any member of the U.S. Patent and Trademark office are prohibited from applying for a patent.

Answer:
Officers and employees of the United States Patent and Trademark Office are prohibited by law from applying for a patent or acquiring, directly or indirectly, except by inheritance or bequest, any patent or any right or interest in any patent.

Question:A patent is considered personal property and may be sold, mortgaged and may pass on to the heirs of a deceased patentee.

Answer:
A patent is personal property and may be sold to others or mortgaged; it may be bequeathed by a will; and it may pass to the heirs of a deceased patentee. The patent law provides for the transfer or sale of a patent, or of an application for patent, by an instrument in writing.

Question:There are plant patents for anyone who invents or discovers new types of plants.

Answer:
Patents on plants to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

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