Sunday, August 20, 2017

How Long Does A Patent Last?

January 1, 2014 by  
Filed under Patent Help

Acquiring a patent for your invention is like protecting your patent from any form of malpractices. Exclusive rights are given to the inventor that help to protect the invention.
These exclusive rights are granted for a limited period. However to get a patent your invention must be inventive, new and useful. Every country has its own methods and criteria for issuing patents.

You cannot get a patent unless your invention is something constructive. It must also be new. A mere idea or a suggestion cannot give you a patent. Methods of doing printed matter or business cannot be patented. A person desiring a patent for his or her invention should be confident that the invention will be useful for others. Many inventors after getting a patent ask the question that how long does a patent last. This article will give information to those who have no knowledge about how long does a patent last.

How long does a patent last will depend on the type of patent. A patent can either be a utility patent or a design patent. Utility patents are given more time duration than design patent. Utility patents protect any new functional improvements or invention on existing inventions.

The existing invention can be a composition, machine, product or even a process. For example if you want to invent a better carburetor or a new recipe then you would require a utility patent. Generally utility patents are given a duration of 20 years. In case of utility patents the duration is calculated from the day you file the patent application.

14 years are granted for design patent. In case of design patents the duration is calculated from the day your patent is granted. Design patent protect the configuration, ornamental design, shape or form of an invention or improved decorative appearance. If you want to change an existing product in style then you will have to apply for a design patent.

Duration can be extended under exceptional situations. After the duration of the patent expires, the person who owns the inventions loses the right of excluding others from utilizing his or her invention. That means anyone can now use the invention without taking any permission from the patent holder. It is must to get a patent for an invention to protect it from malicious intentions.

But if anyone tries to use the invention before the patent expires, then the patent holder can take legal action against that person. During this period copying any form such as photocopy, electronic, mechanical is strictly prohibited. Any other person also cannot sell or import the invention. Patents have played a very important role in curbing such mal practices.

Typically patent owners can seek monetary compensation to those who violate patent laws before the patent expiry period. Once the patent period becomes invalid, you cannot simply do anything against these infringers.

In most countries, individuals as well as corporate companies are granted patents.

Frederic M. Douglas is an IP litigator, dedicated to pursuing practical resolution of problems concerning patents, trademarks, copyrights, trade secrets, and other areas of law.
fdouglas@cox.net
(949) 293-0442

http://DouglasPatents.wordpress.com

http://www.linkedin.com/pub/frederic-douglas/17/37b/7a1

How to Get A Patent?

December 1, 2013 by  
Filed under Patent Help

This question frequently ponders those minds who have invented some useful thing. If you think that you have invented something useful and you don’t want others to steal or copy then you should file a patent application. All your hard work will be wasted if you don’t get a patent. You should not publicize your invention until you get a patent.

A patent is a promise made by the government of any country to protect your invention and to provide you with some exclusive rights, such as you can make, sell or use the patented item.

It is the best way to protect your invention from unauthorized usage. You can then take legal action against the person who tries to copy your invention in any form. If you don’t apply for a patent then anyone can copy your invention and easily make money out of it.
If you don’t have adequate information on how to get a patient then it is indeed a difficult job. You can always take help of the internet if you don’t know how to get a patent. To get a patent you should apply for it. Each country has its own procedure of issuing a patent.

You can also hire a lawyer who has done specialization in patent laws, in case you don’t have the slightest idea about how to get a patent. Many inventors have successfully obtained patents without taking the help of lawyers.

To get a patent your invention must be new and useful. You should prove that your invention works. Every invention cannot be patented. You should determine whether your project is commercially viable. These are the prerequisites to acquire a patent. Your invention should qualify for a patent.

You should keep a record of your invention. Note down every step of your invention process. Describe every aspect of your invention. You should also build a prototype of your invention and test it if possible. All these efforts should be documented. Make sure that your invention meets all requirements for getting a patent.

You can either apply for a regular patent or a provisional patent. The next step is to file a patent application. You may have to spend some time and money for filling a patent. To get a patent application you have to submit patent application and pay the application fees. Unless your application is approved it is not possible to get a patent.

Research the rules and regulations pertaining to patent. Familiarity with patent laws will help you to get a patent law. Unfamiliarity with these laws will take you many years to get a patent

If you are not familiar with the laws, you can always take the help of internet. If you don’t have the time to complete the necessary paper work then you must consult a lawyer.

If you want an international patent then select those areas where you will have no problem in marketing your invention.

Frederic M. Douglas is an IP litigator, dedicated to pursuing practical resolution of problems concerning patents, trademarks, copyrights, trade secrets, and other areas of law.
fdouglas@cox.net
(949) 293-0442

http://DouglasPatents.wordpress.com

http://www.linkedin.com/pub/frederic-douglas/17/37b/7a1

Invention Patent Information

December 1, 2013 by  
Filed under Patent Help

An easy way to protect your invention from copying in any form is by applying for an invention patent. Protecting the invention from any unauthorized usage is the right of every invention. The inventor can exercise this right using an invention patent.
Generally people have a habit of copying something that is invented and which is useful.

These people without taking prior permission from the inventor publish it in the books and earn lot of money. To stop these malpractices, you can take the help of invention patent. If you have an invention patent and some other person with hateful intentions is trying to copy or sell your invention without your permission then you can sue that person.

If the person is found guilty then he or she is bound to go to jail. Patent laws prevent others from using, making, importing or selling your invention; this is applicable for a limited period

If you want to give a new style, configuration, ornamental design or decorative appearance to an existing invention then you have apply for a design patent. Design patent does not allow to improve the function of the existing product. A design patent has a limited period of 14 years.

If you want to functionally improve an existing invention then you have to apply for a utility patent. The existing invention can be a process or a machine.

In order to get an invention patent make ensure that your patent qualifies the eligibility criteria. You will be getting a patent only if your invention is useful to mankind. It should also be inventive and new.

Although you yourself cannot use the invention even if you get the patent, you can exclude others using or selling the patented invention for a period of 14 to 20 years.

In fact an invention patent is nothing but a right that is temporary which is offered by the government. In exchange you have to share the details about your invention with the public. Once you get an invention patent you have the right to sell, mortgage, transfer or assign it to other person. This deal may fetch you enormous amount of money.

Patent laws differ slightly in some countries. Acquiring an invention patent does not mean that the owner can exploit the patent. For instance many inventions nowadays are enhancements of prior inventions which are still protected by the owner of the patent. To build an improved version of an invention you must take permission from the patent owner of that invention.

You can enforce patents through civil suits. In some territories criminal penalties are sentenced to people who break patent laws. This discourages the infringer from doing any future infringement activities. But if you apply for compensation for infringement after the time period of invention patent then you are not liable to get any compensation in the form of money.

In order to get an invention patent, you have to pay some money to the concerned patent office of that country.

Frederic M. Douglas is an IP litigator, dedicated to pursuing practical resolution of problems concerning patents, trademarks, copyrights, trade secrets, and other areas of law.
fdouglas@cox.net
(949) 293-0442

http://DouglasPatents.wordpress.com

http://www.linkedin.com/pub/frederic-douglas/17/37b/7a1

Land Patent Information

December 1, 2013 by  
Filed under Patent Help

Provide you exclusive right to become the proprietor of the land. Once you become a proprietor you are free to use the land as per your own wish. You can use it for personal, commercial or other purpose as per your requirements.

Right, title or interest to a tract (or piece) of land is exclusively granted to an individual or to a private company for their purpose by the government of that country. Different countries may have some different procedure for granting exclusive rights but the central idea remains the same. These land patents are also referred by some different names like final certificate or first title deed.

The government has lands which it provides to other people so that they can use that tract of land for earning livelihood or for building residential house. The government may have acquired the land by different means. For example in United States the government acquired the land from France, Mexico, Spain, Russia, Hawaii, England, and from the Native American Indians.

The lands were either obtained by peaceful treaty and negotiations or by war. The United States had to fight battle with the Native American Indians to get lands. After the Revolutionary War for Independence from England the States was able to acquire vast tract of land. After the acquisition these lands were exclusively reserved for the citizens of United States.

The land patent makes you the heir of the land and by becoming the heir you have the exclusive rights to name the heir of your land whenever you desire doing so. Once you sign the land patent you become the proprietor of the land forever and no law can force to vacate the land unless and until specified in the patent.

If you committed some frauds or have been involved in other illegal acts then you may be debarred from occupying or using the land. The patentee is free to assign his land to other person who he feels so; the documents which carry the detail of such transactions are called as deeds.

You have to sign the document which is called as “Declaration of Land Patent”. Signing of this document clearly indicates that you have accepted all terms and conditions and accordingly you have been allowed to acquire the piece of land.

There are those who are against the land patent. They argue that these patents have lost its efficacy in the present time and do not hold good. The major reasons for such negativity is the ignorance, people are today not at all aware of the land patents and so they do not go for it. So it is very important that the people should be made aware about it. Public awareness is the nee of the time and the government should take steps in this direction.

Although arguments and counter-arguments will always exist but it is a known fact that patent have helped many people and are also helping more event today. So if you want to own a land go opt for land patents.

Frederic M. Douglas is an IP litigator, dedicated to pursuing practical resolution of problems concerning patents, trademarks, copyrights, trade secrets, and other areas of law.
fdouglas@cox.net
(949) 293-0442

http://DouglasPatents.wordpress.com

http://www.linkedin.com/pub/frederic-douglas/17/37b/7a1

Provisional Patents

December 1, 2013 by  
Filed under Patent Help

The provisional patent concept was introduced in the United States of America on June 8, 1995. This is infact first filing for the patent; it is also cheap. The patent in the United States lasts for 20 years; the date is calculated from the effective filing date. But a foreigner can have the privilege of patenting their product for maximum of 21 years. This is possible because they can first file for patent in their home country and later they can file for patent in the United States of America.

Provisional patent is a means by which you can apply for an early patent; it works somehow like patent pending. The provisional patent is generally filled before filing of the actual non-provisional patent.

There are no specific guidelines related to filing a provisional patent. A provisional cover sheet is provided which should be put along with the provisional application. The filling of the form is simple; you can fill it on your own or you can take the help of a professional for filling the application form. There are sites which provide detail instructions regarding the filling of the application form.

Provisional patent lasts for just 12 months which is not extended in any circumstances. So if a patentee wants to extend the period of his patent beyond 12 months then he must definitely file for non-provisional patent and this should be done within the 12 months. If he fails to file a non-provisional patent within the specified period then his patent period will expire. While filing for a non-provisional patent he should provide reference of the provisional patent.

Patent provides an organization or individual exclusive rights to protect their products or concepts from the others. For a specified period of time the patent rights are provided to the individual and during those specified period the patentee is free to use his concept for doing business.

The application for patent is filed in the patent office which falls under the jurisdiction of the applicant which in majority of the cases is the country in which the applicant is residing. However there are regional forums also like European Patent Office where also the application can be filed.

The most important thing is that the application must be properly prepared because complete application which presents the case strongly goes a losing way in ensuring that the applicant is granted the patent. So, a patentee should carefully prepare the patent application.

The applicant for patent has to go through the process of patent prosecution wherein he has to interact with the patent office as why he should be granted patent of the respective product.

There are different types of patents such as plant patents, software patents, design patents and utility patents. Patent office also contains different types of application which can be used for different purposes.

If a provisional application is converted to non-provisional application then the application is measured from the date when the provisional application was filed. This is major drawback of this because here the applicant loses a vital one year. Many inventors are today going for provisional patent because of its usability.

Frederic M. Douglas is an IP litigator, dedicated to pursuing practical resolution of problems concerning patents, trademarks, copyrights, trade secrets, and other areas of law.
fdouglas@cox.net
(949) 293-0442

http://DouglasPatents.wordpress.com

http://www.linkedin.com/pub/frederic-douglas/17/37b/7a1

Software Patents

December 1, 2013 by  
Filed under Patent Help

Relate to a software product or discovery in the field of software. Software patent is higly controversial and there are people who are for it and there are those who consider it a stumbling block in the invention and development of new software product.

Patent provides an organization or individual exclusive rights to protect their products or concepts from the others. For a specified period of time the patent rights are provided to the individual and during those specified period the patentee is free to use his concept for doing business. However if anyone tries to use the patentees concept, product or technique to make profits then this is termed a patent infringement.

The application for patent is filed in the patent office which falls under the jurisdiction of the applicant which in majority of the cases is the country in which the applicant is residing. However there are regional forums also like European Patent Office where also the application can be filed.

The most important thing is that the application must be properly prepared because complete application which presents the case strongly goes a losing way in ensuring that the applicant is granted the patent. So, a patentee should carefully prepare the patent application.

The applicant for software patent has to go through the process of patent prosecution wherein he has to interact with the patent office as why he should be granted patent of the respective product. The applicant has to put forth strong argument-he should prove that the software invention which he is claiming to be his own is beneficial to the society and if patent is granted to him then this won’t become a stumbling block in the invention of the new product. There is also patent litigation which deals with the legal aspects of the patent.

There are different types of patents such as plant patents, software patents, design patents and utility patents. Patent office also contains different types of application which can be used for different purposes.

There are many free software programs which are available for the use of the people in general; so if patents are provided then there remains a fear that it will hamper the growth of the software product. It was because of this many software programmers were unable to continue with their research work because they were unable to pay the fee asked by the company who had got license of that particular software programs.

Understanding the problem many software firms such as Microsoft, IBM etc. offered free patent license which enabled many developers to carry on with their research work. This was indeed commendable but in many cases still the developers have to suffer the most for want of money or resources.

Although software companies are trying hard that software patent should not become a stumbling bloc in the invention of new software products; still much is needed to be done.

So it is imperative that the patent application forms should be filled with utmost care. And during the patent pending period too it must be ensured that the others are not trying to use the applicant’s product for their own benefit.

Frederic M. Douglas is an IP litigator, dedicated to pursuing practical resolution of problems concerning patents, trademarks, copyrights, trade secrets, and other areas of law.

fdouglas@cox.net
(949) 293-0442

http://DouglasPatents.wordpress.com

http://www.linkedin.com/pub/frederic-douglas/17/37b/7a1

Using an Agent When Applying For A Patent

December 1, 2013 by  
Filed under Patent Help

Today we are living in a technology era where every other a new invention or new discovery takes place. New technology, new invention and new gadgets are constantly being developed.

Patents provide exclusive rights to inventors to protect their invention from being used by others for a specific period of time. Today constant up gradation of existing technology and invention of new technology has become very common.

Earlier, in spite of hard work the discoverers had to suffer because there product or concept were being utilized by others for making money. This disheartened them. In order to protect the interests of these individuals patents were introduced.

A patent can help individuals, company’s and even countries that otherwise would have been at disadvantage. Since for a particular specified period the rights are completely exclusives so these inventors can use it for business purpose and can make fortunes. Patents are of different types like chemical patent, biological patent, software patent business method patent, petty patent or innovation patent, design patent and plant patent.

Today each nation has their own patent office which is responsible for granting patents to the discoverer. The inventor is provided with an application form at the patent office; in the application form he has to furnish all the relevant details about his invention-the purpose and the usefulness of the discovery should be outlined exhaustively; the inventor may even be required to use illustrative diagrams to put forth his point.

Anyone who wants to patent their product or technology has to get in touch with a patent agent. These agents are authorized by the government and have got rights to help the applicant in patenting his product. Those desirous of obtaining patent are required to make their invention public. While doing so the applicant constantly takes advice of the patent agent.

These patent agents provide all kinds’ legal advice and other related advice to the applicant. These agents have to first register themselves at the patent office; the procedure for registration may very from country to country. Whenever in problem, the applicant or even those who have been awarded patent can seek the help of patent agent.

Patents have also been the cause of major disputes. If the dispute is confined to a national boundary then the respective country’s patent office can intervene and take steps to protect the rights of the inventor. But when the disputer crosses the national boundaries then matter becomes too difficult to handle.

Understanding the complexities if international disputes, countries are making concerted efforts bring all patent laws under a single jurisdiction such as bringing it under the ambit of World Trade Organization.

Paris Convention for the Protection of Industrial Property, European Patent Convention, European Patent Organization, and Patent Cooperation are some of the other international forums which are actively trying to ward off international disputes with regard to patents.

Patent agents are of great help and have helped many to solve complex problems related to patents. However, an individual should verify the credentials of the agents before seeking their help.

Frederic M. Douglas is an IP litigator, dedicated to pursuing practical resolution of problems concerning patents, trademarks, copyrights, trade secrets, and other areas of law.
fdouglas@cox.net
(949) 293-0442

http://DouglasPatents.wordpress.com

http://www.linkedin.com/pub/frederic-douglas/17/37b/7a1

The Cost of Getting A Patent

December 1, 2013 by  
Filed under Patent Help

A patent protects your valuable invention from unauthorized usage. Just imagine you doing all the hard work and someone else taking the credit. You can avoid such a situation by applying for a patent. Once you obtain a patent no one can steal or copy your patent. A patent is nothing but a set of rights that are given by the government in order to protect your invention from any unauthorized usage. A person who disobeys the patent laws is likely to go to jail.

If you have entrusted the responsibility of acquiring a patent to a lawyer then the cost for getting a patent is high. Cost for getting a patent is comparatively less if you decide to acquire a patent on your own. You should have sufficient knowledge about patent laws if you decide to get a patent on your own. If you want to keep the costs down then you should have a thorough knowledge about how to get a patent.

If you don’t have any knowledge about the cost for getting a patent then you can always refer the internet. Cost for getting a patent in the European countries is more as compared to cost of getting a patent in United States.

Estimating the cost for getting a patent depend on the invention you have invented. It also depends on the technology that is used in the invention. The fee structure in most countries for getting a patent has changed.

In United States the patent filing fee that you have to pay now in the Patent office is around $150.00. This fee is also applicable to small companies who have less than 500 employees. Previously the filing fee was $395.00. In addition to filing fee you also have to pay search fee of $250.00 for individual inventors as well as small entities. You are also required to pay an examination fee of $100. This examination fee is taken by the examiner who carefully examines your application to ensure that the invention is indeed a new one.

Therefore if you want to successfully launch your patent application then the total fee then you have to pay is $500.00. 17 dependent claims and 3 independent claims are covered in this initial fee. More independent claims will cost you more money.

The patent office will not give you patent unless you deposit issue fees. At present issue fee for an individual inventor is about $700.00. So even without paying any attorney fees, the lowest amount you have to pay is around $1200.00.This sounds a bit expensive. If your invention is indeed useful then you can easily recover this money. You are not allowed to pay this fee in installments.

Another cost that is associated with patent filing applications are the making of patent drawings. If you don’t know how to create patent drawings then you can always hire some one who can. Professionals who can do this job generally take around $125.

An attorney fee varies according to the geographical market and is around 250 dollars per hour.

Frederic M. Douglas is an IP litigator, dedicated to pursuing practical resolution of problems concerning patents, trademarks, copyrights, trade secrets, and other areas of law.
fdouglas@cox.net
(949) 293-0442

http://DouglasPatents.wordpress.com

http://www.linkedin.com/pub/frederic-douglas/17/37b/7a1

Seeking A Professional Patent Attorney

December 1, 2013 by  
Filed under Patent Help

Patents provide exclusive rights to inventors to protect their invention from being used by others for a specific period of time. Today constant up gradation of existing technology and invention of new technology has become very common.

Earlier the inventors were always in tenterhooks and were always in fear that their discovery for which they toiled hard will be used for others for making profits. This disheartened them. In order to protect the interests of these individuals patents were introduced.

Today each nation has their own patent office which is responsible for granting patents to the discoverer. The inventor is provided with an application form at the patent office; in the application form he has to furnish all the relevant details about his invention-the purpose and the usefulness of the discovery should be outlined exhaustively; the inventor may even be required to use illustrative diagrams to put forth his point.

Anyone who wants to patent their product or technology has to get in touch with a patent attorney. These patent attorneys are authorized by the government and have got rights to help the applicant in patenting his product. Those desirous of obtaining patent are required to make their invention public. While doing so the applicant constantly takes advice of the patent attorney.

In case of any disputes these patent attorneys represent their client at the patent office. In case of legal disputes which have crossed the national boundaries they can still represent their client if the governing body authorizes them to do so.

Different countries may lay down different requirements for an individual to become eligible for becoming a patent attorney. The patent office has the list of discoveries which have been patented so far; it helps the discoverer to know whether the concept on which he has put his mind, body and soul is a new idea or is a stale idea.

Patents are of different types like chemical patent, biological patent, software patent business method patent, petty patent or innovation patent, design patent and plant patent.
Patents have also been the cause of major disputes. If the dispute is confined to a national boundary then the respective country’s patent office can intervene and take steps to protect the rights of the inventor. But when the disputer crosses the national boundaries then matter becomes too difficult to handle.

Today every other day we find markets being flooded with new products. New technology, new inventions and new gadgets are constantly being developed.

Patent has helped several individuals, company’s and even countries that otherwise would have been at disadvantage. Since for a particular specified period the rights are completely exclusives so these inventors can use it for business purpose and can make fortunes.

Understanding the complexities if international disputes, countries are making concerted efforts bring all patent laws under a single jurisdiction such as bringing it under the ambit of World Trade Organization.

Paris Convention for the Protection of Industrial Property, European Patent Convention, European Patent Organization, and Patent Cooperation are some of the other international forums which are actively trying to ward off international disputes with regard to patents.

In case of any problems it is always better to seek the suggestions of a patent attorney as this professional can guide in the best manner.

Frederic M. Douglas is an IP litigator, dedicated to pursuing practical resolution of problems concerning patents, trademarks, copyrights, trade secrets, and other areas of law.
fdouglas@cox.net
(949) 293-0442

http://DouglasPatents.wordpress.com

http://www.linkedin.com/pub/frederic-douglas/17/37b/7a1

Fred Douglas is a patent lawyer and welcomes potential clients throughout California to include Orange County, Riverside County, Los Angeles, San Diego, Santa Ana, Irvine, Orange, Anaheim, Newport Beach, Huntington Beach,Cypress, Tustin, Brea, Fullerton, Buena Park, Mission Viejo, Lake Forest, Laguna Niguel, Stanton, San Clemente, Laguna Hills, Laguna Niguel, Laguna Beach, Coto de Caza, Costa Mesa, Aliso Viejo, Ladera Ranch, Dana Point and Foothill Ranch.

US Patent

December 1, 2013 by  
Filed under Patent Help

Can be stated as an service that is granted by the government and the creator of such patent is conferred with the sole rights in regards with the usage, making and the selling of the invention. After a certain thing is invented the creator of this invention, needs to go through a procedure to get this patent on a technology or a product. There are various steps of getting a patent and numerous reasons for getting the same.

The process of getting a patent registered is not an easy process and the inventor needs to go through a long legal process. The US Patent can be categorized under three sections i.e. utility patents, design patents and plant patent. Plant Patent can be granted to any person who discovers or invents and replicates any different variety of plant, asexually.

The utility patents can be granted to any person who discovers or invents an innovative and helpful article of manufacture, process, composition of matter or machine etc. The design patents can be granted to any person who creates and innovative ornamental and original pattern for a product to be manufactured.

The US Patent office is an organization of the U.S Department of Commerce. The chief function of this organization is to permit patents for protecting the valuable inventions and to grant them with the trademarks. This procedure recognizes the efforts of the inventors thus granting their inventions as a technology or a product

The US Patent office, in regards to the discharge of the duties of the patent, studies the grants and applications as to whether the filed patents fit in the parameters of registration process. This office also distributes and publishes the information of the patent, maintains the search files of U.S and foreign patents etc. The US Patent office distributes the copies of the official records and patents on a public level. Training is also provided to the practitioners by this office.

The procedure of getting a patent includes a thorough survey of the market that you wish to enter. One of the most significant steps of getting a patent is that the inventor needs to prove that there was no prior effort done for such kind of invention.

Last but no the least the inventor needs to make an application to the USPTO to be eligible to qualify for the legal procedure. With all these essential steps of getting a US Patent, you can get your invention on a technology or as a product.

Frederic M. Douglas is an IP litigator, dedicated to pursuing practical resolution of problems concerning patents, trademarks, copyrights, trade secrets, and other areas of law.
fdouglas@cox.net
(949) 293-0442

http://DouglasPatents.wordpress.com

http://www.linkedin.com/pub/frederic-douglas/17/37b/7a1

Fred Douglas is a patent lawyer and welcomes potential clients throughout California to include Orange County, Riverside County, Los Angeles, San Diego, Santa Ana, Irvine, Orange, Anaheim, Newport Beach, Huntington Beach,Cypress, Tustin, Brea, Fullerton, Buena Park, Mission Viejo, Lake Forest, Laguna Niguel, Stanton, San Clemente, Laguna Hills, Laguna Niguel, Laguna Beach, Coto de Caza, Costa Mesa, Aliso Viejo, Ladera Ranch, Dana Point and Foothill Ranch.

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