Errors in an issued patent undermine its enforceability, create ambiguity, or even affect its validity. Patent rules provide mechanisms to correct these errors. The two primary options are the Certificate of Correction and the Reissue Application. Each serves a distinct purpose and is suited to specific types of errors. When to Use a Certificate of Correction? A Certificate … [Read more...]
After patent grant
After patent grant, the invention is now patented. The patent owner may not sue others for damages and injunction. Browse related articles below.
Issue Fee and Maintenance Fees: Keeping Your Patent Alive
After you get your Notice of Allowance, you still need to pay the issue fee and maintenance fees. The issue fee is due within 3 months after the mail date of the Notice of Allowance. The maintenance fees are due at specific intervals: 3.5, 7.5 and 11.7 years after the patent is granted. To keep your patent enforceable for its full term, you’ll need pay those maintenance … [Read more...]
Understanding Patent Term Adjustments (PTA)
A patent gives inventors a right to exclude others from selling a competing product for 20 years. The 20-year period is known as the patent term. If the patent term can be extended, it would be a crucial factor in determining the profitability of the invention over the life of the patent. There are certain circumstances that can increase the length of the patent term and this … [Read more...]
What is a terminal disclaimer?
A terminal disclaimer is a statement in which the patent applicant dedicates the ending part of the patent to the public so that all similar patents end on the same date. Put simply, the term of all patents which are similar to each other owned by the patent owner is coterminous. By doing so, it prevents the patent owner from obtaining patent protection for the invention … [Read more...]
What is the term of a patent?
The term of a utility patent is 20 years after the filing date of nonprovisional patent application with a few exceptions. For a design patent, the term is 15 years after the grant date of the design patent. Term of a Utility Patent Basic calculation As indicated above, a utility patent will expire 20 years after the filing date of the nonprovisional patent application. … [Read more...]
What are maintenance fees of a patent?
A maintenance fee is a fee paid to the United States Patent and Trademark Office after the patent grant. A utility patent has three maintenance fees at 3 1/2 years, 7 1/2 years, and 11 1/2 years after the patent grant date. Upon failure to pay the required maintenance fee, the patent expires before its 20-year term. A design patent does not have any maintenance fee. When are … [Read more...]
Strategy for labeling your invention patent pending
After you file a patent application, you can now mark your inventive product or service as patent pending. But, what are the pros and cons of doing so? Plus, how should you label your product or service as patent pending? Do you have to label your inventive product or service as patent pending? Patent law does not require you to label your product or service as patent … [Read more...]
Can you re-patent an expired patent?
When your patent nears the end of its term, you might begin to think about how you can extend the life of your patent. You might want to refile an application for a patent on the same invention. But, can it be done? A patent cannot be refiled to extend the life of the patent on the same invention. However, another patent can be secured on an improvement to the original … [Read more...]