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Utility patents granted in the United States are valid for 20 years from the date of their first filing. A design patent, on the other hand, lasts 15 years from the grant date.
The inventor is the owner of the rights to an invention, and if the applicant is not the inventor, then an explanation will need to be given of how the applicant has derived the rights in the invention. Usually this is by virtue of employment, but could be by assignment. Any uncertainty in ownership is best resolved at an early stage.
Under normal circumstances in the US, about 4 years, although this can be accelerated in special circumstances. In other countries, it can take up to eight years to get a patent granted.
Unfortunately, no. Ordinarily you have to file applications in each country of interest within 12 months of a first filing. You can delay this by filing a so-called international (or ” PCT”) application (PCT = Patent Cooperation Treaty), which can delay the filing of individual national foreign filings up to two and half years from the date of the first filing. This gives more time to assess the commercial potential of the invention before incurring the cost of individual national filings.
Costs for drafting patent applications vary widely between attorneys, even for the same invention, so it’s worthwhile to shop around. More important than price is having the confidence that the attorney will take the time and effort to understand your invention. We think we are good at this because of our practical real world experience. Also, because we keep our overhead costs low, we can offer a professional service at a very cost effective price.
Not necessarily. Ownership of a patent application is only clear in the following circumstances:
If you are the inventor, and are self employed, then you are the owner of the patent application.
If you are the inventor and are employed and invent a new product which might reasonably have been expected as part of your job duties, then your employer is the owner of the patent application. If that product becomes wildly successful and makes your employer a lot of money, then you may be able to claim employee’s compensation.
If you are the inventor and are employed and invent a new product, but this would not reasonably have been expected as part of your job duties, then you are the owner of the patent application.
If you are the inventor and have entered an agreement regarding the ownership of any inventions made, then the ownership will be governed by the terms of the agreement.
Utility Patent
A utility patent protects new and useful processes, machines, manufactured items, or compositions of matter, or any new and useful improvement thereof. To put it another way, utility patents protect inventions that serve a specific purpose or are used for a particular purpose. A utility patent entitles the holder to exclude others from making, using, selling, and importing the patented invention for a limited time, typically twenty years from the first filing of the patent application.
It is important to note that the cost of obtaining a utility patent can vary widely depending on several factors, including the complexity of the invention, the type of patent attorney or agent you hire, the country in which you are filing the patent, and government fees. In addition to the cost of the patent, it is important to consider whether the attorney will spend the time necessary to comprehend your invention. Our practical experience in the real world makes us proficient at handling this. Furthermore, due to our low overhead costs, we can provide a professional service at a very competitive price.
Whether obtaining a utility patent is worth it depends on several factors, including the potential market value of the invention, its nature, and the resources available to bring it to market. Since a utility patent protects your invention from being copied or imitated by competitors, this exclusivity can provide a competitive advantage, particularly if your invention is unique, has strong commercial potential to dominate the market, and is likely to generate substantial revenue or market share. If your innovation requires funding and investment to bring it to market, a utility patent can enhance your credibility with investors, as they frequently look for intellectual property protection as a sign of the innovation’s value and potential. The patent rights can, however, be licensed to others in exchange for royalties if you do not intend to manufacture and sell the invention. The cost of not protecting your invention may be much higher and riskier than not obtaining a utility patent. If you are considering pursuing a utility patent for your invention, it is advisable to consult with a patent attorney or agent who can assess your situation and guide you in making an informed decision. We are pleased to offer you a free initial consultation to determine whether a utility patent is appropriate for you.
Utility patents cover a wide range of inventions, including processes, machines, manufactured items, and compositions of matter. Examples of inventions eligible for utility patents are original and non-obvious new drugs, formulations, treatment methods, medical equipment, mechanical devices, chemicals, genetic engineering products and techniques, gene therapies, biopharmaceuticals, industrial processes, and manufacturing processes.
Non-provisional Patent
Non-provisional patent applications are published by the United States Patent Office 18 months after filing them. The publication includes a detailed description of the invention, any drawings or diagrams submitted, claims made by the applicant, and information regarding the inventor and owner.
The United States Patent Office typically publishes a non-provisional patent application 18 months after the first filing date.
Filing a non-provisional patent application involves several steps and requires careful attention to detail. You must describe your invention clearly in text and drawings, including its function, components, and any unique features that lend it a distinctive character. Additionally, ensure that all government documents are prepared. The process of filing a non-provisional patent application is legally and technically complex. Considering the legal and technical aspects involved, it is highly recommended that you seek professional advice from a qualified patent attorney or agent to ensure the best possible protection for your invention. In addition to helping you navigate the complexities of the application process, they can draft the application and ensure that all legal requirements are met.
Provisional Patent
Provisional patent applications are not published. In contrast, if they are converted to non-provisional patent applications, they will be published 18 months after the filing date of the provisional application.
Provisional patents (or provisional patent applications) are worth considering. Inventors and businesses may benefit from provisional patents, especially when there is a need for an early filing date to obtain patent pending status quickly and affordably, when more time is required to refine the invention, or when financial resources are limited. A qualified patent attorney or agent should always draft a provisional application to ensure sufficient support for the subsequent non-provisional application. It is important to consider the invention’s development timeline and business strategy carefully before deciding whether a provisional patent application is appropriate. For a free initial consultation to determine the appropriateness of provisional versus non-provisional, please contact us.