How long patents work

Patent Search. Types of Patents. Combination Inventions and Patent Protection. Small and Micro Entities Pursuing Patents. Patent Drawings. International Patent Protection. First-to-File Rule for Patent Applications. Timeline for Patent Applications. Scope of Patent Protection. Duration of Patent Protection. Revising a Patent. Royalties and Deductions From Licensing Inventions. Protecting an Invention Before Getting a Patent. Working with a Patent Lawyer. Filing for a Patent Without a Lawyer.

Patent Forms. There are numerous conditions that must be met in order to obtain a patent and it is not possible to compile an exhaustive, universally applicable list.

However, some of the key conditions include the following:. A patent is granted by a national patent office or by a regional office that carries out the task for a number of countries. Currently, the following regional patent offices are in operation:.

Under such regional systems, an applicant requests protection for an invention in one or more member states of the regional organization in question. The regional office accepts these patent applications, which have the same effect as national applications, or grants patents, if all the criteria for the grant of such a regional patent are met. In general, applicants can prepare their patent applications and file them without assistance from a patent attorney.

Furthermore, the legislation of many countries requires that an applicant, whose ordinary residence or principal place of business is outside the country, be represented by an attorney or agent qualified in the country which usually means an agent or attorney who resides and practices in that country.

Information on the qualified attorneys and agents can be obtained directly from national and regional IP offices. The costs vary considerably from country to country and even within a country. As the official fees vary widely from country to country, please contact the relevant national or regional patent office which will be able to give you details on the fee structure. Consult our list of national and regional intellectual property offices.

Some countries offer discounts to small- and medium-sized enterprises and applicants filing the application online. In addition, some countries allow expedited examination upon payment of additional fees.

In addition to the national official filing fees, once a patent is granted by the patent office, you must pay maintenance or renewal fees, generally on an annual basis, to maintain the validity of the patent. In case you decide to patent your invention abroad, you should also consider the relevant official filing fees for each country in question, the translation costs, and the costs of using local patent agents, which is a requirement in many countries for foreign applicants.

In general, an application for a patent must be filed, and the patent granted and enforced, in each country in which you seek patent protection for your invention, in accordance with the law of that country. Therefore, one way of obtaining patents in a number of countries is to file a national patent application with each relevant national patent office.

These have the same effect as applications filed, or patents granted, in the member states of that region. This means that, in certain regions, you can obtain a regional patent from a regional patent office , which is valid in some or all of its member states. If you are seeking patent protection in a number of countries worldwide, a good option is to file an international application under the Patent Cooperation Treaty PCT , administered by WIPO.

Any resident or national of a state party to the PCT contracting state can file a single international application which has the effect of a national patent application and certain regional patent applications in some or all PCT contracting states. In some cases, this can be a more straightforward choice than choosing to try to submit individual applications in each and every country in which you require protection.

Find out more about the PCT System. The first step in securing a patent is the filing of a patent application. Many patent offices provide a specific form to fill in. In some patent offices, you can file a patent application on line. In the patent application, in general, you must describe the title of the invention, as well as provide an indication of its technical field.

You must also include the background to and a description of the invention, in clear language and enough detail that a person with an average understanding of the field could use or reproduce the invention. Such descriptions are usually accompanied by visual materials such as drawings, plans, or diagrams to better describe the invention and an abstract, which contains a brief summary of the invention. In addition, depending on the applicable patent law, you may need to submit various kinds of statements, declarations or supporting documents to a patent office.

In view of the complexity it is recommended that you consult a patent attorney or a patent agent to prepare a patent application. The procedures vary significantly from one country to another, so it is impossible to provide an exhaustive step-by-step overview.

However it is recommended that you consult either a practicing lawyer specializing in IP or the relevant IP office. Consult our directory of national and regional IP offices. The grant of a patent can be challenged either via a patent office or in a court of law. A court may invalidate or revoke a patent upon a successful challenge by a third party. In addition, many patent offices provide administrative procedures that allow third parties to oppose to the grant of a patent including so-called "opposition systems" , for example, on the basis that the claimed invention is not new or does not involve an inventive step.

Procedures for challenging patents differ from country to country. Find out more about opposition systems.

In some countries, patent protection may be extended beyond 20 years or a Supplementary Protection Certificate SPC may be issued in very specific cases.

The extension aims to compensate for the time expended on the administrative approval procedure before products can be put on the market. The time taken for this procedure means that the patent owner may sometimes not be able to benefit from his right for a considerable period of time after the grant of the patent.

Possibly, but laws and practices in this regard can differ from one country or region to another. In other countries, such requirements do not exist, meaning that in these countries software is generally patentable subject matter.

However this does not mean that all software will be able to be patent protected. In order to obtain a patent, a software invention must not fall under other non-patentable subject matter for example, abstract ideas or mathematical theories and has to fulfill the other substantive patentability criteria for example, novelty, inventive step [non-obviousness] and industrial applicability [usefulness].

It is therefore recommended that you consult a practicing lawyer specializing in intellectual property or the intellectual property offices of those countries in which you are interested in obtaining protection. Consult our directory of national and regional intellectual property offices to get in contact with a local IP professional, or browse the WIPO Lex database of intellectual property legislation from around the world.

Find out more about using patents to protect software and business methods. Free legal help provided by law students, who gain experience drafting and filing patents and trademark applications for clients of the law school clinic. What can and cannot be patented? How do I know if my invention is patentable? How long does patent protection last?

How much does it cost to get a patent? Search to see if your invention has already been publicly disclosed You cannot get a patent if your invention has already been publicly disclosed. Therefore, a search of all previous public disclosures should be conducted. A search of foreign patents and printed publications should also be conducted.

Attorneys and agents with licenses to practice before the USPTO Are you an inventor or small business who has limited resources and needs help applying for a patent on an invention?

Additionally, the USPTO maintains several other legal assistance resources and programs for independent inventors, entrepreneurs, and small businesses. I want to file myself - learn more about filing Pro Se It is possible, though difficult, for you to conduct your own search: How to Conduct a Preliminary U. Patent Search requires an understanding of Patent Classification systems. Step 3 Inventors Assistance Center. There are three types of patents - Utility, Design, and Plant. General Information Concerning Patents Utility Patent Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

Applying for a Utility Patent Maintaining your Utility Patent Biotechnical Sequence listing Validation and Authoring tools Business Method Patent issues Design Patent Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

Plant Patent Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. Step 4 Patent Electronic Business Center. Inventors Assistance Center. Application Assistance Unit. Staff in the Application Assistance Unit are trained to answer questions about the pre-examination processing of patent applications and the post-examination processing Patent Cooperation Treaty.

The PCT makes it possible to seek patent protection for an invention How much is this going to cost? Do you need International protection? Utility and Plant patent applications can be filled using either a provisional or nonprovisional application.

A provisional application is a quick and inexpensive way for inventors to establish a U. Most inventors employ the services of registered patent attorneys or patent agents Additional info on Attorneys and Agents Attorneys and agents with licenses to practice before the USPTO Are you an inventor or small business who has limited resources and needs help applying for a patent on an invention?

I want to file myself Pro Se. Step 5 Patent Electronic Business Center. Find out how to buy an expired patent. A patent which grants ownership of an invention, but it won't pay you. There are a few ways you can generate a profit from your idea. An inventor who knows about patents and understands the best way to use them has a huge advantage in protecting their invention. The patent process begins by searching for similar patents. Find out more about how to see if someone has patented your idea.

There are a lot of complicated parts to copyright law; determining how long a copyright lasts is not one of them. It doesn't matter if you create computer code, abstract sculpture or technical writing: the terms of copyrights are all the same.

With three simple facts, you will be able to know how long a copyright will last. Applying for a patent is a long and sometimes complex process, but the process can be broken down in these five steps. Find out how to get started researching your patent, drafting the application, and what to do while you wait for an official response. If you need a patent fast, there are a few options. Find out more about how to get your patent quickly, what makes a good application for a patent, and more.

Under U. Understanding how the law differentiates ideas from inventions is a great way to learn some of the core tenants of patent law. Utility patents are among the valuable assets in the world.

Unlike other forms of intellectual property protection, they have numerous formal requirements and can be very expensive to get. For new inventors, pursuing a utility patent can be daunting.

If, however, you take it one step at a time, you too can receive an issued patent for your invention. Intellectual Property Basics. Your intellectual property is protected here at home—but what about abroad? Patent litigation can be frightening.