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Frequently Asked Questions About Patents

A patent is an exclusive license given for a device, design, invention, idea, product, or process that presents a new method of doing something or suggests a new technical resolution to a dilemma. To help you understand the patenting process, here are some frequently asked questions about patents.

1. Question: How Do I File For a Patent?

The steps to take to file a patent include the following:

• Complete an initial patent search to ensure your invention has not already been patented.

• Determine which type of patent you are filing: design, plant, or utility.

• Decide if you will need to file for international protection.

• Select provisional or non-provisional utility application.

• Consider whether or not to expedite the examination program.

• Choose to file pro se or with a registered attorney or agent.

• Prepare for electronic filing and pay required fees.

2. Question: How Long Does a Patent Last?

A design patent remains in effect for 14 years, starting from the date the patent is granted. However, a utility patent typically lasts 20 years and begins from the application priority filing date

3. Question: What Types of Inventions Do Patents Protect?

Patents may be awarded for designs in any field of technology, from an everyday product such as cookware to a high-specialized computer chip. The invention can be goods, such as synthetic composites, or processes, including a way to produce particular synthetic composites. In fact, many goods contain a variety of inventions. For instance, a smartphone can involve hundreds of designs that work together.

4. Question: Is a Patent Valid in Every Country?

Patents have territorial rights. The exclusive rights only apply in the region or country where a patent is filed and granted, according to the law of that area.

5. Question: Can I Obtain a Patent and Keep My Invention Confidential?

No. Patents granted by patent offices are done so in exchange for a complete disclosure of the design. The invention details are published and made available to the general public.

6. Question: What Athe Benefits of Patenting My Invention?

Patenting your inventions provides the following advantages:

• Positive image for your brand. Shareholders, investors, and business partners may view patent holdings as proof of high-level technological capacity, specialization, and expertise within your firm. This may be beneficial for raising your company’s market value, locating business partners, and establishing funding.

• Exclusive rights. Patents give you the sole right to restrict or block others from commercially exploiting your patented invention for up to 20 years from the date the patent application is filed.

• Possibility to license or market the invention. If you prefer not to utilize the patent yourself, you may market or authorize the commercialization of the patented invention to another company, which could result in a source of income for your business.

• Return on investments. You have likely invested a significant amount of time and money in producing an innovative product. Obtaining exclusive patent rights establishes your place in the industry as an authority and provides higher returns on investment.

• Increased negotiating strength. If your business is acquiring the rights to utilize the patents of another enterprise through a licensing agreement, your patents may be of considerable interest throughout the negotiation process. For example, a cross-licensing arrangement may be reached where both companies agree to license their respective patents to the other.

7. Question: What Rights Does a Patent Provide?

A patent owner has the right to choose who may or may not use the patented design during the protected period. In other words, it cannot be sold, imported, distributed, used, or commercially made by others without the consent of the patent owner.

Before you submit a patent application, it is helpful to ensure you understand these and other frequently asked questions about patents.

Legal Disclaimer

The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.

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