Getting a patent isn’t an easy process. There are many factors to consider and the average inventor may be concerned about making a mistake due to ignorance. Listed are a number of commonly asked questions about patents.
Q: What is a patent?
A: A patent is a protection of intellectual property granted by a national governing body over a period of time.
Q: Who can obtain a patent?
A: Virtually anyone can obtain a patent, assuming that they are the owner or inventor of an idea that is original, useful and has not yet been patented.
Q: Why should I obtain a patent?
A: If you’ve invented a product and have begun to market it, it’s very likely that an opportunist may copy your product and sell it at a competitive rate. A patent will ensure that the invention is yours and it stays yours for quite awhile, and that you or the owner of the patent are the only ones who can capitalize on its existence in the marketplace.
Q: How do I get a patent?
A: A patent can be obtained from your country’s patent office. In the United States, the US Patent and Trademark Office (USPTO) is in charge of issuing patents. They have an extensive website where you can download an application and instructions about how to fill out an application. A completed application must be turned in to the USPTO along with the payment of a fee. This will ensure that your invention will be reviewed for patent approval.
Q: When will my patent expire?
A: A patent will expire a number of years after the filing date. Depending on the type of patent you filed, the expiry date could be anywhere from 14 to 20 years in the United States.
Q: I’ve invented something on my company’s time, using my company’s resources. Whose name will appear on the patent application?
A: Yours. You are responsible for the completion of a patent application and the signature on the application must match your own.
Q: A partner of mine and I developed an invention that we’d like to patent. How do we fill out the patent application so that we both own the patent?
A: There is a patent application available to those who would like to share the responsibility for a patent. However, this can only be used if the invention contains the ideas of both parties.
Q: I’ve invented something great and I’ve already started to manufacture and sell it. However, I didn’t think to get a patent for the item. What happens if someone steals my idea?
A: The best move for you to take is to immediately file a patent application for the idea. If the patent is approved, it’s likely that you can sue for patent infringement using the ‘prior-use’ defense. At article generation time, the prior-use defense could only be used for business methods in the United States, but the government is looking to validate it for all patent types.
Q: I’ve heard that it’s possible to file for international intellectual property protection. Is this true?
A: Yes and no. When you file your patent application, your country will be in charge of determining whether the invention is patent-worthy, and your patent will be good in your country only. However, there are international treaties that define laws that can be enforced if someone in another country infringes on your patent.
Q: How can I make sure that my invention isn’t infringing on anyone else’s patent?
A: In order to make sure you’re making something original, you’ll need to conduct market research. Patent lawyers and agents can help you out with that. In addition, there are databases available via the web that you can search to determine what inventions out there are like yours.
Q: How much does getting a patent cost?
A: There are two costs involved with getting a patent. First of all, when you file a patent application, you will need to pay a fee to cover the costs of evaluation. Secondly, in most cases, there is a fee involved with keeping a patent alive. The fee is paid to the government body that issues the patent.
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