Once you have created an invention, you will need to protect it. Obtaining a patent is the best way to ensure long-term protection. A patent provides you with a multitude of rights and if an individual infringes upon your patent, you have the right to take legal action. Here is what you should know about the patent law in Philadelphia.
What Is a Patent?
This is a right to property that provides you with the legal capability to prevent others from creating, using, or selling your invention for a period of time.
Types of Patents
This patent comprises creative or non-functional items. The United States has exclusive rights to design patents. With other countries, there are different intellectual property laws that safeguard designs.
This is the most common type of patent which safeguards functional items. Software patents are in this category and are sometimes considered a different patent.
This patent safeguards new types of plants.
What Is Patent Law?
This law is a component of intellectual property law which governs what inventions have the proper qualifications for patents. It also deals with how patent infringement is managed along with the patent application process.
The Rights You Have with a Patent Grant
You will have two rights under a patent grant which are the right to sue infringers and the right to exclude.
The Right to Sue Infringers:
If you decide to pursue a lawsuit for infringement, a federal court may permit an injunction or another type of stringent order that requests the defendant to stop infringement on your patent. The court may also award you damages.
The Right to Exclude:
You will have the right to stop others from creating, selling, or using your invention. If there are others who desire to use your invention, they will need to form a patent license agreement. Keep in mind that the patent does not automatically give you the right to create or sell an invention.
Patents are costly and the basic filing fee as of 2014 is $280. Additionally, you are responsible for paying the examination fee of $720, a search fee of $600, and the fees associated with a patent lawyer in Philadelphia. You must pay maintenance fees at regular intervals for your patent to remain active. The intervals are at 3.5, 7.5, and 11.5-year marks. The maintenance fees range from $1,600 to $7,400.
Patent Protection Time Limits
Protection for your invention does not start until the patent is granted. Under the patent law in Philadelphia, any individual who knowingly infringes upon your patent is liable. You must make sure that you make others aware of the potential liability. This is an important requirement for them to actually be liable.