Before the establishment of the numbering system in 1836, X-Patents were granted in the United States. To prevent duplication of numbers, the existing patent numbers were appended with an X.
An X-patent is an early form of patent issued in the United States prior to the implementation of the numbering system in the Patent Act of 1836. The term “X-patent” originates from the practice of adding an X to the numbers of existing patents to prevent duplicate numbers. For instance, if a patent was already numbered 123 and another patent was granted with the same number, the second patent would be designated as X-123 to distinguish it from the first. This method was utilised for a brief period before the numbering system was established, and X-patents are now regarded as a historical relic of the early days of the U.S. patent system.
An X-Patent is a type of patent that is granted for an invention that is deemed to be unpatentable under traditional patent laws.
Inventions that are not eligible for traditional patent protection, such as abstract ideas, laws of nature, and natural phenomena, may be eligible for X-Patent protection.
An X-Patent lasts for 20 years from the date of filing.
Yes, you can license or sell your X-Patent just like any other patent.
Yes, you can enforce your X-Patent against infringers just like any other patent.
You can apply for an X-Patent through the same process as a traditional patent application.
The fees for filing an X-Patent application are the same as those for a traditional patent application.
Yes, you can convert a traditional patent application to an X-Patent application if your invention is deemed to be unpatentable under traditional patent laws.
Yes, you can file an X-Patent application internationally through the Patent Cooperation Treaty (PCT) system.
X-Patent protection is limited to the specific invention that is described in the patent application. It does not provide broader protection for related inventions or ideas.
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This glossary post was last updated: 16th April 2024.
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