Patent Laws - Functions Of The USPTO
Patent law specifies the rules for patents. The USPTO administers all patent laws relating to the granting of patents and various other provisions relating to patents. They will examine your applications and grant patents when applicants are entitled to them. They publish and distribute all patent information including: recording assignments of patents, maintaining search files of U.S. and foreign patents, maintaining a search room for public use in examining issued patents and records, and suppling copies of patents and official records to the public.How long does patent protection last? (As of year 2005)
Utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date the applications were filed. You must make the timely payment of the appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. No maintenance fees are required for design patents.Is my invention already patented?
Determine if your invention is novel by doing a "prior art" or patent search, find out if someone else has already patented your idea. An inventor or hired professional can conduct a search of the USPTO records.Do A Patent Search Early In The Invention Process.
There is nothing more valuable than a patent search when you have a new idea. The reason a search is so valuable is that this single step can save the average inventor a fortune. Many times you will find your invention has already been patented. If that is the case and the patent is still active, i.e. less than 17-20 years old in most cases, you will either want to change your idea or start over with a new concept. Often there is no point in pursuing an idea that has already been patented if your idea infringes the patent. Your goal as an inventor should be to seek out reasons why your invention will not work and will not make you money. This is hard for most people to understand.The Main Reason Why
You have to do (or hire someone else to do) a patent search before investing in the cost of patenting . Even if you hire someone else to do the patent search for you and that is highly recommended for beginners - do a preliminary search yourself and bring that research to the intellectual property attorney or agent that you hire . Doing so will save you money, plus provide the other benefits mentioned above.