Insurance patents grant exclusive rights to the technical part of an insurance invention, including business processes, and have increased 15 times in the US since 1998. Insurance patent entrepreneurs create and sell patents to larger companies, but increased patents may lead to increased litigation and unnecessary licensing costs. The peer-to-patent program offers a public forum […]
Patent fees include application, search, maintenance, provisional, and international fees. Each country’s patent office determines the taxes it can collect. A patent office charges fees to cover its running costs and grants or denies patents. Patent holders must pay maintenance fees for 20 years, or the patent becomes invalid. Provisional patents provide legal protection and […]
Patent litigation occurs when a patent owner asserts their rights against someone making or selling the invention without permission. The US follows “first to invent” rule, while other countries follow “first filing.” A patent can be declared invalid if it’s not new, different, or obvious. If the patent is not declared invalid, the court can […]
The cost of patent attorney fees depends on the complexity and strength of the patent, with more complex and stronger patents costing more. Attorneys charge hourly rates and additional fees for patent work, and background work can also add to the cost. Many factors determine patent attorney fees, and since this process can be very […]
A patent office approves or denies patent applications for inventions, granting exclusive rights to the applicant. Most offices grant patents within their country, and filing overseas can be costly. The process involves searching for existing patents and paying fees. Patent offices also publish patent-related information and deal with trademark and copyright issues. A patent office […]
When someone wins a patent infringement lawsuit, the court may order monetary damages or an injunction to stop the infringer from manufacturing the product. The damages are often equal to the amount the infringer made from the product, and proving speculative profits is difficult. Patent infringement damages refer to court-ordered remedies in the event a […]
The USPTO offers patent applications for utility, design, and plant inventions, with different classifications for plant and service inventions. Design patents protect unique ornamental designs, while utility patents protect functional inventions. Provisional patent applications provide benefits but require a non-provisional application within 12 months. International patent applications are available through the PCT, allowing protection in […]
Provisional patents offer cost and time advantages, with a one-year term, and promote early commercialization. A non-provisional patent application must be filed within a year, and the earlier application date is used to determine patentability. The filing fees are lower, and the application process is simpler. The non-provisional patent must be adequately supported by the […]
Trainee patent attorneys in certain countries undergo specialized training and certification programs, separate from general legal education, to gain expertise in the complex field of patent law. This includes on-the-job training, classroom education, and standardized exams, with a focus on hard and applied sciences. Upon completion of the program and passing exams, trainees become registered […]
The United States Patent Office issues patents to inventors, granting them exclusive rights to use or sell their invention. The office reviews applications to ensure they meet statutory standards and maintains a library of patents. The office also assists other government agencies in matters related to intellectual property. The distribution and maintenance of patents in […]
A land patent grants title or interest in a parcel of land without government interference. It can grant freehold ownership or only an interest in the land. Land patents have been around for centuries and can be traced back to transfers from previous governments or nations. In the US, land patents are issued through the […]
A patent attorney is a specialized lawyer who can represent clients seeking patents and provide other patent-related services. Becoming a patent attorney requires meeting specific qualifications, including technical knowledge and passing an exam. Patent agents can perform similar functions but cannot provide legal advice or represent clients in court. A patent attorney is a specialist […]
A patent portfolio is a valuable asset owned by an individual or company, consisting of patents developed or purchased. The value of a portfolio depends on the patents within it, which have a limited duration and can change in value. Patent holders can license their technology to third parties for separate income streams, but must […]
Letters patent are legal documents issued by governments to grant rights or privileges to individuals or groups. They can create new offices, grant monopolies, recognize military officers, and confer titles or honors. They can also recognize ownership of land. Letters patent are a type of formal legal document issued by governments to grant a legal […]
Patent law regulates intellectual property rights for inventions. A patent protects an invention from being used or sold by others without permission for a set time. A patent attorney can help ensure enforceability. In the US, an invention must be new, useful, and not obvious to be granted a patent. Patent law covers applying for, […]
Double patenting is when a person or company files multiple applications for a patent on a single invention to extend its life. Most patent-granting countries deny such applications. The USPTO rejects applications based on statutory law and judicial precedents. Inventors can remedy the problem by modifying the application or filing a disclaimer. Double patenting occurs […]
Business method patents grant exclusive rights to use and license a particular method of doing business for a specified period of time. To file for one, the method must be novel, materially useful, and non-obvious. They are controversial and subject to legal challenges, but proponents argue they incentivize innovation and compensate for development costs. However, […]
The term of a patent is the maximum period of time it can remain legally in force. In the US, it ends 20 years from the first filing date, while in the EU it’s 20 years from the effective date of filing. Canada and France have a 20-year term from the issue of the patent, […]
A patent pool is a partnership between entities that agree to share patent rights for a particular technology, allowing for development without patent infringement. Benefits include saving time and money, setting industry standards, and increased competition and innovation. However, there is a risk of monopoly formation and violation of antitrust laws. Patent pools are still […]
“Patent pending” and “patent applied for” mean the same thing and can be used interchangeably by applicants. They inform consumers and competitors that legal protection is being sought. Affixing the notice is encouraged by patent agencies and can deter competing applications and illicit products. Improper use of the label can result in severe penalties. Individuals […]