Although most inventions will be concerned with the rights a patent grants during its monopoly or in-force period (from the date the patent issues until it expires (20 years after the filing date)), the law actually recognizes five "rights" periods in the life of an invention. (1) Invention conceived but not yet documented: When an inventor conceives of an invention, but hasn't yet made any written, signed, dated, and witness record of it, the inventor has no legal rights whatsoever, only the potential for acquiring rights. (2) Invention documented but patent application not yet filed: After making a proper, signed, dated and witnessed documentation of an invention, the inventor has valuable rights against any inventor who later conceives of the same invention and applies for a patent. An inventor who documents the building and testing of the invention has substantially greater rights than one who merely documents conception. During this period the invention may also be treated as a "trade secret" this is, kept confidential. This gives the inventor the legal right to sue and recover damages against anyone who immorally learns of the invention, for instance, through industrial spying. (3) Patent Pending - Patent application filed but not yet issued: During the patent pending period, including the one year period after a provisional patent application is filed, the inventor's rights are the same as they are in period 2 above for the most part. Otherwise, the inventor has no rights whatsoever against infringers, only the hope of a future monopoly, which doesn't commence until a patent issues. Most companies that manufacture a product this is the subject of a pending patent application will mark the product "patent pending" in order to warn potential copiers that it they copy the product, they may have to stop later if and when the patent issues. The PTO by law must keep all patent applications preserved in secrecy until the application is published or the patent issues. The patent pending period usually lasts from one to three years. (4) In-force patent - patent issued but hasn't yet expired: After the patent issues, the patent owner can bring and maintain a lawsuit for a patent infringement against anyone who makes, uses or sells the invention without permission. The patents in force period last from the date it issues until 20 years from its filing date, provided maintenance fees are paid. Nearly every patent is guaranteed an in-force period of at least 17 years. In order to assure this 17-year term, the patent will be extended, if necessary, to compensate for delays resulting from failures by the PRO in processing the patent application. Also, once the patent issues, it becomes a public record or publication that can block others who file later from getting patents on the same or similar inventions, that is, it becomes "prior art" to anyone who files after its filing date. (5) Patent expired: After the patent expires (20 years after the filing date, or sooner if a maintenance fee isn't paid), the patent owner has no further rights, although infringement suits can be brought for any infringement that occurred during the patent's in-force period. An expired patent remains a valid "prior art reference" (as of its filing date) forever. IPStreet.com's patent search tools and resources will help you better understand if your idea is patentable, the duration of a patent and complex patent analytics.
Historically, commercial use of university research has been viewed in terms of spillovers. Recently, there has been a dramatic increase in technology transfer through licensing as universities attempt to appropriate the returns from faculty research. This change has prompted concerns regarding the source of this growth—specifically, whether it suggests a change in the nature of university research. (Thursby 2002) ^ University-based firms are receiving growing interest from policy makers and researchers. Such firms obtain a variety of tangible and intangible resources from their academic partners, and are expected to translate these advantages into substantial gains. (Bonardo 2011) ^Technology transfer is a big concern for universities, how can they identify business opportunities from IP developed? We have created relationships with universities to help them do just that. Contact us to learn more.
We believe that intellectual assets, commonly taking the form of patented technology, are the least-understood and most-relevant resources to stimulate economic development through innovation. To make this happen, intellectual property (IP) needs to be more comprehensively understood so that better business decisions can be executed. This is why we are in business. An invention must have economic utility to benefit society. Some times, inventions are way before their time. However, most of the time, the business execution to commercialize the invention fails. In fact, those that conceptualize the invention rarely reap the rewards of the innovation's ultimate success. Using the search tools at IPStreet.com, you can better understand if your idea is patentable, patent duration, patent analytics, and the value of a patent business intelligence from intellectual property assets.
You need IP intelligence to meet corporate objectives related to your business function. If you are a HR director, you can utilize TalentScout™ to identify the inventors that are essential to corporate success. If you are an IP portfolio manager, you can utilize our tools to identify the IP landscape. If you are a licensing executive, you can utilize our tools to identify potential inbound and outbound relationships. IP Street will assist you in better understanding patent duration and patent analytics.
Developing a portfolio strategy requires understanding the temporal effects of the economy, competitors, and internal development. Using IP Street, you can have a sharper vision of what is, so you can engineer what will be.