Legal - Intellectual Property
Patents

Patents

For a patent to be effective in the United States, you need to apply for the patent within one year of the first commercial use of the product. But it is recommended that you apply for the patent before the product is placed on the market.

The authority of a patent is limited to the country in which you have applied for that patent. You need to apply for a patent in each country you intend to market your product in. In most countries, application for the patent must be made prior to placing the product on the market.

Most U.S. patents have a life span of twenty years, commencing with the date of application. Patents cannot be renewed. Design patents offer protection for fourteen years.

To be awarded a patent, an invention must be considered novel and nonobvious. And, even though the federal government may award a patent, it may later be revoked if it is found to infringe on another patent.

A patent gives you the right to litigate against another party whom you believe is infringing upon your patent. You must take your case to the court—there is nothing automatic in patent protection. If the alleged infringer is a major corporation, be prepared for rapidly mounting legal expenses. You also need to consider the very real possibility that another individual or company may take legal action against you for infringing on their patent, even though you hold a valid patent for your product, design, or invention.

A basic patent application fee can be several hundred dollars, depending upon the size of your business. The process is quite complex, though, and you would be well advised to spend the several thousand dollars necessary to have the filing done by a patent attorney. If you are awarded the patent, you will need to pay additional fees to the patent office over the course of the patent life in order to keep the patent active throughout its term.