If you have been considering filing for a patent, you have probably realized that the process of a patent application can be extremely confusing. The United States Patent and Trademark Office has a very complicated job to handle, and it only gets more complicated as technology advances and inventions become increasingly complex. Once you start looking around at your options, it makes a lot of sense as to why there are successful businesses like The Patent Professor a patent attorney in Tampa, who specializes in helping clients navigate the world of patents.
Take a look below at some of the more basic facts about patents to give you a general overview of what the system looks like, where it came from, and how it works.
What Is a Patent?
A patent is a legal tool issued by the United States Patent and Trademark Office (for US protection) that gives the patent holder a period of time where they can exercise exclusive rights over the invention. This means that they can license their invention, develop it, market it, distribute and sell it, and anything else they choose to do with it, without worrying about other competitors copying their idea.
How Long Is a Patent Term?
Patent terms vary depending on the nature of the patent, but for utility and process patents, the term is 20 years. Designs have a patent term of 15 years, and plant patents also have 20 years. After the patent expires, the invention is free to be used by anyone.
Can I Patent Anything I Want?
There are a lot of specific criteria for getting your patent approved, which although confusing and complicated during the application process, is extremely important to keep everything fair and progressive. In order to receive your patent, you must (among other things) prove that it is unique and new, that it is NOT extremely obvious and something already commonly done by people, and that it is actually useful. If you can say “yes” to these three things about your invention, you may be onto something!
Does a US Patent Hold Up In Foreign Countries?
You can take your patent to another country and apply for a patent from their government, but when you are initially issued a US patent, you do not have protection in any other country. Therefore, it is important to file for patents in any country you plan to operate in BEFORE you begin your business operations, in order to keep your ideas off of other company radars.
Is There A Limit To How Many Patents One Person Can Apply For?
While there is no legal limit to how many patents one person can apply for, they must have the capacity to invent each new thing before submitting an application. Currently, the holder of the most patents is a Japanese man named Shunpai Yamazaki, who has been credited as the inventor of over 11,000 patents.
When Was The First Patent?
Patents have actually been around since the Medieval ages in one form or another, but the first US patent was issued to Samuel Winslow in 1641. He was granted this “grant of monopoly” on a particular method of harvesting salt from the Governor of Massachusetts, and had a 10-year term on it before it went into public domain.
