Patents are a form of intellectual property that bestows the owner of the said patent the legal right to prevent other people from making, using, or infringing upon an invention for years. Patents, in many countries, are a form of private law and the owner of the patent is required to seek civil action in the form of a lawsuit against one who attempts to infringe upon their patent. Patents are a necessary component in some markets, as creating inventions and providing you with a competitive advantage above your market rivals. Patents have a rich history, and this page will tell you some facts about patents you may not have known, and that might interest you.
Here are some of those facts.
There Are Specialized Patent Attorneys
Patent law is a very big thing, and many people are completely unaware that there are teams of attorneys that specialize in patent law.
Providing patent protection is a very important part of the patent process, and if it were not for specialized patent lawyers then people would have a hard time ensuring that their patents were properly licensed and created.
Patent attorneys are also a very large part of suing somebody for infringing upon your patent.
If you are interested in taking out a patent or a copyright, then contact a patent attorney today.
Patents, although very effective in preventing people from making, using, or selling your inventions, do not protect you from people practicing the invention you have created and claimed in your patent.
Those wishing to take out patents must ensure that they undertake an infringement clearance sale before they take out the patent.
A patent is, as aforementioned, intellectual property, and a limited property which is only granted for a limited amount of time.
The patentee must disclose their invention sufficiently as part of the patent process, this is so an expert in the same field can practice the invention.
If a patent is not thoroughly disclosed, then it may be revoked and be open to being deemed invalid by other inventors.
Patents are considered as the property of the patentee and may be mortgaged, licensed, assigned, or transferred for money in exchange.
Patents can be very expensive and can cost up to fifty thousand dollars, and cost the same amount to maintain ownership until expiration.
While a ‘worldwide patent’ does not exist, a PCT application is close enough. A PCT is an international application that is an equivalent of a national patent and applies in most industrial nations, excluding Taiwan and Argentina.
Patents are granted for a limited period of time and these periods are fixed.
One will have to renew a patent at the end of its term, which is ordinarily around twenty-years from the initial date of application.
The patent will also, as aforementioned, be subject to renewal fees, otherwise, it can become invalid.
You must ensure that you keep up to date with your patent renewals otherwise you risk losing it and allowing somebody else to steal your idea.
Patents are only ever given to inventions that are new and are applicable to a specific industry.
An invention is considered to be new if it has never been done or disclosed similarly in the past.
Patent law, however, is different wherever you go in the world and laws on what is considered new and what is not depend entirely on the region in which you are in.
Isolated software is not patentable; however, you can patent the process that leads to the creation of a piece of software.
This means, while superficially your software is not protected, au fond it is. The process is patentable providing it is unique.
When is Disclosure Necessary
A patent can be disclosed after the application has been made, and it is important that you do not disclose the details of your patent until afterward, as this can mean your invention is not protected, and that you may find yourself unable to go ahead with the patent.
A patent can be stolen if somebody finds your disclosure before you file and forwards their patent application to an attorney in a separate time zone.
You must be very careful how you go about disclosing your patent as having your patent stolen at the last hurdle can be devastating, and unfortunately, happens a lot more often than you might believe.
Now you know a few facts about patent law and patents.
Patents have existed for many years, and are a very beneficial part of the intellectual property process.