What is a Statement of Use?
A Statement of Use is a document used in North Carolina patent law to demonstrate that an invention has been used in a specific manner. This document is typically required after the issuance of a patent to show that the applicant is using the invention in the manner described in the patent application. This is important as it serves as evidence that the patent is valid and that the invention is being used as intended. In North Carolina, the Statement of Use must be filed within 12 months after the patent is issued. It must include the name and address of the party using the invention, a detailed description of how the invention is used, a description of where the invention is used and when, and a brief description of the results of the use. The applicant must also swear that the information in the statement is true and correct. The Statement of Use must be renewed every 12 months or the patent can be invalidated. It is important to make sure that the Statement of Use is updated every year, as the patent could be at risk of being invalidated. If this happens, the patent holder will no longer own the rights to the invention and may have to pay damages to the person who used the invention without proper authorization.
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