What is a Statement of Use?

A Statement of Use (SOU) is an official document filed with the United States Patent and Trademark Office (USPTO) in South Carolina. It is related to the patent process and is used to indicate that the patentee is using the invention for its intended purpose. The patent process involves a lengthy application process, including the filing of a patent application, examination of the invention, and finally awarding a patent. But after a patent is granted, the patentee must apply to the USPTO for an SOU. An SOU demonstrates that the invention is actually being used for its intended purpose. The SOU must contain details regarding the current use of the invention. It must include specific information regarding the nature of the invention, the type of business or activity associated with the invention, and the date the invention was first used. In South Carolina, the inventor must also indicate whether the patent is being used exclusively or non-exclusively. Once the SOU is submitted, the USPTO reviews it to ensure it meets all requirements. If accepted, the USPTO files the SOU in their official records. This prevents the patentee from attempting to use the patent for any other purpose. In summary, the SOU is a formal document submitted to the USPTO by the patentee that states the patent is being used for its intended purpose and provides evidence of this.

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