Patent law governs the enforcement and protection of patents, including the creation and registration procedures. A patent is basically a legal document that is used to grant a holder the exclusive rights to either use, manufacture, or sell their inventions for a certain amount of time.
Even though patents can expire, holders can still extend the period of time in which they hold their exclusive rights. To protect your original idea, receive your legal papers to assert your patent faster, and prevent others from using it or inventing something similar before you, you should work closely with Tucker Law, PA.
Even though creating something new is in itself an accomplishment, achieving your patent rights is a different story. Here is everything you need to know about patent law in the U.S.
Understanding the Patent Process
Before seeking a patent for your creation, you must understand what can be patented. For a patent to be eligible, it must be:
- Something new and original
- Useful and non-obvious
Many things, including a new product, process, plant variety, or design, can be patented as long as they follow these requirements.
Patent Application
Inventors seeking to gain a patent for their creations need to file a patent application with the United States Patent and Trademark Office (USPTO). In your application, you must include a detailed description of your creation, including drawings and other materials. You must consider that your patent will be deeply scrutinized and compared to other inventions, and receiving your patent will take a while. Work with a patent attorney to save time and skip possible delays due to wrongly filing your patent application.
Duration of the Patent
Even if you patent your invention, it doesn’t mean you will endlessly have exclusive rights to it. In most cases, a patent lasts 20 years from the filing date. The duration might slightly differ based on what you have invented, but the good news is that you can extend the duration of your patent once it expires.
Patent Infringement and Licensing
The worst nightmare or challenge for any inventor is seeing their creation used and sold by other parties without permission. If this happens, you can work with a patent attorney to expose the patent infringement and seek legal remedies such as damages or injunctive relief.
You can enforce a preliminary injunction through injunctive relief to temporarily prevent irreparable harm to your patent interests while the case is pending, or you can pursue a permanent injunction. This is when a court gives the final order for the at-fault party to stop their infringing activities.
If you do want others to use and sell your invention and make a profit legally, you can do so through patent licensing. This is where you give permission to others to use your invention in exchange for a fee or royalty.
International Patent Law
Every country has its own rules and regulations when it comes to patenting. Obtaining and enforcing patent rights isn’t the same everywhere. However, with a patent attorney by your side, you have nothing to fear.
