What is a Statement of Use?

A Statement of Use is a document filed by a patent applicant with the United States Patent and Trademark Office (USPTO) during the patent application process. This document serves to inform the USPTO of an applicant’s intent to use the invention in the state of Nevada. The applicant must provide evidence of use to support the statement. This evidence can include photos, test results, customer feedback, and more. The purpose of a Statement of Use is to show that an invention is practical and being used in Nevada. A Statement of Use is specific to patented technology, and is not applicable to other intellectual property such as copyrights and trademarks. Nevada patent law requires that statements of use are filed within six months of the patent application’s filing date. Failure to do so can result in the patent application being denied or the patent not being fully enforceable in Nevada. For an applicant to be successful in achieving full patent rights in Nevada, they must file a Statement of Use with the USPTO and provide evidence of use in the state.

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