Although, the length of utility and plant patent protection (patent term) was previously seventeen years from the date of patent grant, utility and plant patents filed after June 8, 1995 now have a patent term of up to twenty years from the date of filing of the earliest related patent application. Utility and plant patents which were applied for prior to June 8, 1995, and which were or will be in force after June 8, 1995, now have a patent term of seventeen years from the date of patent grant or twenty years from the date of filing of the earliest related patent application, whichever is longer. Utility patents are subject to the payment of periodic maintenance fees to keep the patent in force. Patent terms can be extended under some specific circumstances. See the U.S. Code Title 35 - Patents for a full description of patent laws.
Sadly, the value of a patent is generally determined by the courts. Most litigation involves infringement, but there are also other lawsuits regarding ownership and inventorship and SEC anti-competitive allegations. Let IPStreet.com help you better protect against patent infringment, better utilize patent search tools and patent your invention under the guidance of an experienced patent lawyer.
Patents have a maximum life of 20 years and, therefore, a 20-year potential monopoly. Patents that are just beginning their life and which have longer to run on the their potential monopoly position understandably will have more value. It is rare that a patent nearing the end of its term will cause a great threat to its competitors. It is almost certain that they will have devised technologies or products of their own by then that will not interfere with the patent owners monopoly position. In addition, one has to take into consideration the potential business life of a patent, i.e., the duration, which a patent is likely to be economically useful, if other subsequent patents are providing better alternatives to it.
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Take the quiz and test your intellectual property intelligence. For example do you know, Which of the following mechanisms provides to an inventor the right to exclude others from making, using, or selling the invention? Would the answer be copyright, trademark, non-discloser agreement or patent? Take the quiz on www.ipstreet.com and find out!