Patent Law Questions

• Patent law exists in the United States to allow innovators and inventors an opportunity to profit from the hard work that goes into the creation of a new product. The conditions and application process can be nebulous and may engender various questions by those looking to patent a design or device.

How Long Does a Patent Last?

• As of 2010, patents granted by the United States Patent and Trademark Office last 20 years from the date of application. Patents relating specifically to designs or schematics only have protection for 14 years from the date of application. After the patent expires, you cannot "re-patent" a given device or design; however, any improvements or modifications to the design or device may receive a patent and protection outlasting the original patent.

What Protection Does a Patent Grant?

• Patent holders are the only ones who can develop or reproduce a patented product or design. A patent also grants its holders the right to license the product as they see fit for distribution and manufacturing. Additionally, a patent prevents other companies or individuals from reverse engineering a product to learn how to create it. This protection manifests itself in the ability to sue a company or individual in a civil court for violating the patent terms. Patent holders may seek to recover damages and all profits obtained by a company or individual found in violation.

What are "Patent Pending" and "Patent Applied For?"

• Companies and individual inventors use the terms "patent pending" and "patent applied for" to advise the public they have submitted patent applications for given products or designs. In the simplest terms, it tells other inventors to stay away from the product. According to the United States Patent and Trademark Office, the government imposes fines on those who use the terms "patent pending" or "patent applied" when no such application exists.

What if I Invent Something for a Company?

• The true inventor of the item must sign all patent application documents according to the United States Patent and Trademark Office. The true inventor of the product is the patent holder. Companies try to circumvent this law by adding lines into employment contracts giving ownership of an inventor's design or device to the company. If you're an inventor, review your terms and conditions of employment to ensure no such clause exists. Failure to do so could literally cost you millions in future revenue.