In the U.S., the inventor has a "first to invent" claim which is different from other patenting organizations throughout the world who generally utilize "first to file." Debate over this issue, and which model best influences economic development is ongoing. Some are concerned that a change in patent rights may harm the small startup and benefit the incumbents with deeper pockets. You can read more about this topic.

A patent is a property right for an invention granted by a government to the inventor. A United States patent gives inventors the right "to exclude others" from making, using, offering for sale, or selling their invention throughout the United States or importing their invention into the United States. In exchange for this monopolistic protection, the inventor must publicly disclose the invention (the patent document) and must pay the United States Patent Office (USPTO.gov) to prosecute (application fees) and maintain (maintenance fees) the patent.

In Nortel's recent bankrupcy, the liquidation of the IP assets led to a bidding war. Google offered $900M for the patents; Apple and Microsoft created an alliance (with RIM, Sony, EMC, Ericsson) to offer $4.5B for the same patents^. Certainly there was a great disparity in these bid prices. How can you objectively determine the value of a portfolio and patent duration. Let the tools at IPstreet.com help you.

IP Street takes know-how and confidence when helping you manage your IP assets. We help you better understand the duration of a patent, the value of a patent and patent analytics.

There are three types of different patents (1) Utility Patents: Issued for the invention of a new and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof, it generally permits its owner to exclude others from making, using, or selling the invention for a period of up to twenty years from the date of patent application filing ++, subject to the payment of maintenance fees. Approximately 90% of the patent documents issued by the USPTO in recent years have been utility patents, also referred to as "patents for invention." (2) Design Patents: Issued for a new, original, and ornamental design for an article of manufacture, it permits its owner to exclude others from making, using, or selling the design for a period of fourteen years from the date of patent grant. Design patents are not subject to the payment of maintenance fees. (3). Plant Patents: Issued for a new and distinct, invented or discovered asexually reproduced plant including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state, it permits its owner to exclude others from making, using, or selling the plant for a period of up to twenty years from the date of patent application filing. Plant patents are not subject to the payment of maintenance fees.