Although anyone can claim to inventor or create something (e.g., Al Gore created the Internet), the reality is that an idea needs to be carefully considered in context of the law. If you are serious about protecting your invention, you should contact a patent attorney or patent agent. Applying for a patent, and its subsequent patent prosecution process, does cost money. You may see ads for low-cost services to file a patent on your behalf. Such solutions are viable if your goal is to boast to your friends that you patented something. However, if you have real-world business ambitions, it is imperative that the person writing the claims of your patent is a well-qualified lawyer. The adage "you get what you pay for" is very true in the intellectual property community. Realistically, a single patent is going to minimally cost you around $10K for the application fees, legal fees to write the claims, and so on. You want to find a legal professional that is a subject matter expert in your domain (whether it is IT, manufacturing, mechanical engineering, biotech).
A single patent may be worth a billion dollars, another may be completely worthless. How can you discern such differences? With millions of patent documents (both issued patents and applications), there is a lot of information, that if properly leveraged with the correct technologies, can actually help us discern effectively. Benefits of www.ipstreet.com include: (1) All U.S. patent documents from 1976—present (2) [Forthcoming: International patent documents] (3) Unified Search (Boolean Text Search) (4) Concept Search (using Latent Semantics) (5) Meaningful, graphical results (6) Web-based, no installation required (7) Secure transactions and (8) Immediate Access.
Yes, patents do relate to marketing strategy. A firm's brand power is a function of the belief that its products have sophisticated, state-of-the-art, and proprietary technology. Learn more how to identify the key technologies that are embedded into your brand promise.
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.
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.
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