Patent an Invention
In order to patent an invention the inventor must go through
a number of processes. These processes to patent an invention
can be complex and difficult. Although most inventors are
concerned with the rights patent an invention grant during
in-force, the law actually recognizes five "rights" periods
in the life of invention patents. These five periods when
you patent an invention are:
- Invention conceived but not
yet documented. This is the phase when you patent an invention
where an inventor conceives an invention, but has not yet
made any written, signed, dated, and witnessed record of
it. In this patent an invention phase the inventor has no
rights whatsoever.
- Invention documented but patent
application not yet filed. After making a proper, signed,
dated, and witnessed documentation when an inventor patent
an invention he or she has valuable rights against any inventor
who later conceives the same invention and applies for a
patent. This phase gives the inventors when they patent
an invention the legal right to sue and recover damages
against anyone who immorally learns of the invention (for
example, through industrial spying).
- Patent pending (patent application
filed but not yet issued). When you apply to patent an invention
including the one-year period after a provisional patent
application is filed, the inventor can sue and recover damages
against anyone who uses the invention. Most companies that
manufacture a product that is the subject of a pending patent
an invention application will mark the product "patent pending"
in order to warn potential copiers that if they copy the
product, they may have to stop later (and thus scrap all
their molds and tooling) if and when a patent issues.
Eighteen months after
filing, and while the application to patent an invention
is pending, the U.S. Patent and Trademark Office (USPTO)
will publish the application to patent an invention unless
the applicant files a Nonpublication Request at the time
of filing and doesn't file for a patent outside the U.S.
If the application to patent an invention is published during
the pendency period, an inventor can later obtain royalties
from an infringer from the date of publication provided
(1) the application later issues as a patent; and (2) the
infringer had actual notice of the published application.
- In-force patent (patent issued
but hasn't yet expired). After the patent issues, the owner
who patent an invention can bring and maintain a lawsuit
for patent infringement against anyone who makes, uses,
or sells the invention without permission.
- Patent expired. After the
patent expires, the owner who patent an invention has no
further rights, although infringement suits can still be
brought for any infringement that occurred during the patent's
in-force period, as long as the suit is filed within the
time required by law.
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