A patent lasts for a fixed period of twenty years from the date the application for the patent is initially filed with the US Patent and Trademarks Office (USPTO). However, plants and design patents last for a period of fourteen years from the date of filing the patent application.
It can normally take anywhere between one to three years for obtaining a patent depending upon the complexity of the invention. However, once you have applied for a patent, you can advertise patent pending on your inventions/products and start selling them or making commercial use of them as shown in https://www.techtimes.com/articles/249715/20200518/how-inventhelp-gets-new-inventors-onto-the-right-path.htm article.
The various steps involved in the patent application process?
The various steps involved in the patent application process are as follows:
Drafting and filing the patent application with the Patents and Trademarks Office (USPTO).
Office Action by patent examiner.
Publication of Patent.
Grant of Patent by USPTO.
A patentability search is a search to establish if the invention which is proposed to be patented has already been patented by someone else.
Since novelty is an essential legal requirement for obtaining a patent, performing a patentability search is highly recommended before filing a patent application. A patentability search can save you time and costs of filing a patent application with the trademark and patent office if you discover that your invention has already been patented by someone else.
A U.S. Patent will be enforceable in all jurisdictions where the U.S. law is valid.
Patents are generally valid for the territories where they have been registered. To get a patent registered in a foreign jurisdiction, the routes that are available include the following:
Directly register with the patent office of the foreign country.
Register your patent with a competent authority having jurisdiction over a group of countries, such as, European Patent Office.
Register your patent under WIPO’s Patent co-operation treaty (PCT). The patent filed under PCT will be enforceable in all nations which are party to this international treaty. This patent will be enforceable in all member countries under the World Intellectual Property Organization (WIPO) as you can read from https://www.valuewalk.com/2020/05/medical-invention-covid-19/.
There are mainly two international treaties that give international protection to patents. They are ‘Paris Convention’ and ‘Patent Co-operation Treaty’ (PCT) administered by the World Intellectual Property Organization (WIPO).