Product patents?

How long are product patents good for and can they be renewed?

Re: Product patents?

The last I recall it was about 17 years...and that was about 10 years ago. It might be less now. Another thing from what I recall is that you might want to file the patent in more than (1) country that sales or usage would be typical....ie "protecting your market". I think this is very common to the U.S and Canada seeing as we access and share most stuff, process, methods, products, etc.
Another thing I recall (somewhat) is that you don't need a patent to protect something to get it on market...but you do need to file at least something so it becomes in essence "patent pending". There is timeline for this when you have to take it further tho'.
There are several websites where you can search for similar possible patents to make sure what you are doing is unique and patentable. It's like a big 'google' project to find the stuff....a bit of a patience game. I think it's what a lot of patent lawyers give to their interns to do for a couple of years.
Keep us posted.

Re: Product patents?

Just remenber a patent is only as good as your abilty to pay lawyers to sue the patent infringers



Tommays

Re: Product patents?

ditto what Tommays says... my impression is that the only enforcement of the patent is when you yourself pursue legal action. Works better for big companies with deep pockets than for small enterprises.

Re: Product patents?

Once you file, the experts can get access to them, produce the item and flood the market with cheap imitations, before you can get production and distribution setup. Best bet is to sell the idea to a big corp, take the check and run.

Re: Product patents?

patents cannot be "Renewed"..(or there would be no "generic" drugs...)

Re: Product patents?

Like has been mentioned, patents only give you the right to sue and claim damages in the country/countries in which the patent is licesned. I think in Canada they last 20 years, if I remember correctly. Biggest thing is, if you don't have an awesome lawyer on retainer or are not willing to pay, there really is no point in having a patent because you won't be able to protect it. Also, if the product is viable and ecomical in say the Europe, Russian, Chinese, Japanese, etc markets and you do not hold patents in those countries, it will most likely show up within a year if there is money to be made. Which brings me to the another point that has been mentioned... market the idea to a company that has the pockets to back it and run with the check.

Re: Product patents?

SuzukiChopper said:

Like has been mentioned, patents only give you the right to sue and claim damages in the country/countries in which the patent is licesned. I think in Canada they last 20 years, if I remember correctly. Biggest thing is, if you don't have an awesome lawyer on retainer or are not willing to pay, there really is no point in having a patent because you won't be able to protect it. Also, if the product is viable and ecomical in say the Europe, Russian, Chinese, Japanese, etc markets and you do not hold patents in those countries, it will most likely show up within a year if there is money to be made. Which brings me to the another point that has been mentioned... market the idea to a company that has the pockets to back it and run with the check.

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I disagree.

At patent will at least determine that you are the patent holder.

There have been many instances where someone invents a product, manufactures and sells, but does not patent it.

Some else registers a patent on the product and guess what? They came after the creator for patent infringment, sometimes even getting back revenue.

Better protection than nothing.

Re: Product patents?

Scaaty said:

patents cannot be "Renewed"..(or there would be no "generic" drugs...)

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Hmmm, makes sense, but still no answer on how long a patent is good for. I thought at least one or the other of patent or copyright was renewable?

I'm not looking to create, I am looking to infringe. (assuming patents are expired) I would not infringe even if someone did not have the money to chase me down. I strongly respect a man's right to protect and benefit from the fruits of his genius.

I've looked up specific patents and they say when they have been registered but not when they expire.

btw, one of the drugs I take to keep me 'mean and nasty' (ahem, when I have a forum to do so) just went generic. A considerable savings is now to be had.

Re: Product patents?

mscher said:

I disagree.

Some else registers a patent on the product and guess what? They came after the creator for patent infringment, sometimes even getting back revenue.

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That happens for copyrights as well. Case in point, the song 'Happy Birthday'. Big corporate (read deep pockets) resturaunts who will help you celebrate your birthday dinner will not sing that song.

Re: Product patents?

17 years in the US. Once the 'invention' has been disclosed in any way to the public, you have 1 year to file.

I believe in the process. Even though defense of your patent can cost considerable monies, having the patent will discourage other small entities from infringing for the same reason - they might have to spend a bunch in thier own defense.

Re: Product patents?

Boomyal said:

That happens for copyrights as well. Case in point, the song 'Happy Birthday'. Big corporate (read deep pockets) resturaunts who will help you celebrate your birthday dinner will not sing that song.

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And copyrights (which cover music) last for 70 years past the death of the author, unless it was copyrighted before 1923, in which case they are now public domain.

Re: Product patents?

Copyright and trademark are distinct from patent rights. The copyright/trademark mess was entirely overhauled in the 90's with the Sonny Bonno Copyright Protection Act (and I believe modified again with the Digital Millenium Act) regardless, Copyright protection lasts significantly longer than patent protection. As to the enforceability of patents and overseas producers; if an overseas producer is using/abusing a U.S. patent holders patent without permission, the U.S. Trade Representative (office in the Dept. of Commerce) can be involved as there are reciprocal treaties between the U.S. and most countries regarding mutual respect for patented inventions. If you're looking to "infringe" on someone else's patent you may actually have a "patentable" improvement to the device. You don't need to have a "new" invention if your product or process significantly improves an existing product or process in some new and novel way you might be able to actually get your own patent for the improvement.