What is the difference between an issued patent and a published patent?

An issued patent and a published patent have a few differences. An issued patent is one that has been granted by the United States Patent and Trademark Office (USPTO). This means that the USPTO has determined that the invention meets all statutory requirements and that the patent is valid and enforceable. On the other hand, a published patent is a patent that has been published in the USPTO’s official publication, the “Official Gazette of the United States Patent and Trademark Office (OG).” This publication is available online and is a record of all patents granted throughout the United States. The difference between an issued patent and a published patent is that an issued patent gives the inventor exclusive rights to their invention, while a published patent does not. An issued patent allows the inventor to prevent others from making, using or selling the invention without permission from the inventor. Published patents do not provide this protection and anyone is free to use the invention without permission. The purpose of a published patent is to provide public notice of the invention in order to educate the public and allow the inventor to enforce his rights. In Minnesota, patent law is governed by federal statutes. This means that the standard for obtaining an issued patent or a published patent is the same in Minnesota as it is nationwide.

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