Did you invent an original product, concept or piece of art and need to keep it protected? It’s important to apply for a patent protection on your original idea, as someone else may be able to profit from your hard work. A patent is a contract between you and the United States government (the United States Patent and Trademark Office handles all patent requests). It guarantees that if you disclose your idea to the general public, you are granted a monopoly on the invention. Typically, this monopoly will have a limited time frame. Most states adhere to a 20-year maximum for patents, although some terms may be extended for circumstances provided by law.
The basic nature of a patent is that it protects you as the inventor. It legally stops other people from using your idea or creating the same product without your permission. There are some technicalities involved, but in the most basic sense, a patent secures your invention. You need to be careful that your original idea doesn’t interfere with other patents still in a valid timeframe though. For example, if you were to create a refrigerator door that spoke the contents of its interior without having to open it and waste energy from the cold air distribution, you would need to check if someone already had a patent on that invention or a similar idea. If someone else already held a valid patent for basic refrigerator inventions, you would not be able to sell and distribute your new idea until it had expired.
What Are Patent Rights?
A patent does not guarantee an inventor the right to create or market her or his idea. Rather, it allows the owner of the idea to exclude others from creating the invention or profiting from it. It also restricts people from foreign countries from importing your idea into the United States. The grant provides the right to exclude others from doing any of the following to your idea or invention within the Unites States:
- Making
- Using
- Offering for sale
- Selling
- Importing
It’s important for people who are applying for a patent to remember it doesn’t protect them from everything. Citizens are typically free to use or make anything they want (that is legal) without permission from the government. The grant itself provides the “right to exclude,” which means the patent itself doesn’t allow the inventor the right to make, use, offer for sale or import, but only provides the nature of the right and excludes others from doing so.
Laws Governing Patents
There are several laws that help regulate patent rights, including federal antitrust laws. A person who applies for a patent may not violate these laws by reselling price agreements or committing a combination in restraints of trade. In addition, some grants may violate personal rights or a grant previously issued on another idea that hasn’t expired and therefore won’t be issued. To ensure you are adhering to every guideline, it’s best to clarify everything with your lawyer prior to applying for your patent.
Information Regarding Patent Fees
Since the term of a patent is generally 20 years, you may be subject to maintenance fees during that time.
Typically the fees arise 3.5 years, 7.5 years and 11.5 years after the date the application was filed. If the fees are not paid, the grant itself may become invalid. Once the 20-year term has expired, anyone is legally able to make, use, offer for sale or sell the idea you created without any prior permission, provided there are no other patents infringing on the rights.
As with anything that involves legalities or government grants, you should consult with your lawyer regarding your invention and your patent application. He or she will be able to guide you through the process and ensure you have fully protected your groundbreaking idea.
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.