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...]
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.
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...]
Is it easy to sell or license your ideas and patents?
Many people call me and tell me that they want to get a patent so that they sell it or license it to make money. If this is you, continue reading. So, can you make money by patenting and licensing your ideas? Yes, you can make money selling and licensing ideas. However, selling and licensing just an idea without more is difficult. You need something more to be … [Read more...]
Licensing Termination Provisions for Under-performing License Agreements
After securing a patent on an invention and you are making money, another company may want to use the patented technology in their product or service. To give a business the right to use the patented technology, the patent holder and the business enter into a contract for the right to use the intellectual property of the patent holder. The relationship might start off well but … [Read more...]
Patent Marking: Burden of production and burden of proof
Failure to properly mark a product with its patent number limits an infringer's liability for damages. Infringers have the burden of production to initially identify products which the patentee failed to mark. The patentee then has the burden of proof to show that the unmarked products are not covered by the patent. In Arctic Cat Inc. v. Bombardier Recreational Products Inc. … [Read more...]