Patents FAQ
1. How long does a patent last?
Utility patents issued after June 7, 1995 expire 20 years after the filing date of the application (barring any Patent Term Extension granted by the Patent Office for certain delays at government agencies during the application’s pendency). Design patents expire 14 years from the date of issuance.
2. What is a design patent? When is it used?
Design patents cover the ornamental, non-functional aspects of a product. Design patents are used to cover the creative “artistic” design of a product. For example, if you have new design for a living room couch that has novel sloping backrest, you might want to pursue a design patent. Although the slope of the backrest likely has no function, it is still unique, and you may wish to prevent others from manufacturing, selling, importing, or offering to sell your unique design.
3. Can I get a world-wide international patent?
In short, no. There is no such thing as a world-wide “international patent.” A U.S. patent only prevents others from making, selling, or importing products which infringe the patent in the U.S. (however, it does prevent foreign companies from importing into the U.S. those infringing products). There is an international filing called a “PCT application.” Named for the Patent Cooperation Treaty, a PCT application allows an inventor to file an application which will allow the inventor to delay filing patent applications in countries which are members of the Treaty. That being said, a patent application will need to be filed in every country in which an inventor wishes to pursue protection (you must file for a Chinese patent, a Korean patent, etc.). Beware, some countries are not Treaty members and a patent application in those countries must often be filed on the same date it is filed in the U.S.
4. I came up with an idea a while ago and started selling it, but never pursued a patent. What can I do now?
You have one year from the time that you began offering for sale, or otherwise publicly disclosed your invention (whether in a journal article, trade show, etc.) to file a patent application.
5. I developed a product while I was working at another job. Does my employer now own my invention?
The answer to this question is highly dependent upon the relationship you have with your employer. First, is there any employment contract that discusses ownership of intellectual property? If so, consult that contract first. Were you hired to invent the product or is it likely that you would invent new products or processes during the course of your employment? If so, it is likely that the employer owns the product. If, however, you were only hired as a independent contractor, provide your own materials and do not have a typical employer-employee relationship, you may own the rights to the intellectual property. In any case, the full answer to this question is fact-specific and we suggest consulting an intellectual property attorney.
6. When can I use the terms “patent pending,” and when can I sue an infringer?
The term “patent pending” can be used on a product or its packaging after a patent application has been filed which the inventor believes covers the product. It only informs the public that a patent application has been filed, and otherwise has very little legal value. A patent owner can only sue for infringement after the patent has issued.
7. If I have a patent, I have every right to make my invention, right?
No. A patent grants an exclusionary right, that is, it prevents others from making, using, or selling the product – it does not give you the right to sell that product. For example, if you invent a chair with five legs, you could prevent anyone from making a chair with five legs. However, if another owns a patent for chair with four legs, he could prevent you from practicing your own invention because a chair with five legs necessarily is also a chair with four legs.