Can You Ever Lose a Patent?
A patent gives the holder the exclusive right to use the invention only for a specific period of time. Furthermore, all patent holders must pay maintenance fees to the U.S. Patent Office; failure to pay fees invalidates the patent. Finally, others can challenge your right to the patent in court and the court can decide to invalidate the patent.
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Identification
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Patents protect inventions and industrial designs. The U.S. Patent Office separates inventions and designs into utility patents (the most common category) which protect inventions with an industrial application; design patents, which protect the ornamental aspects of industrial designs; and plant patents, which protect plants that were created asexually. A patent gives the patent holder an exclusive right to manufacture, copy, use, sell, promote and import an invention.
Process
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Obtaining a patent is an expensive and time-consuming process, often costing more than $10,000 over two years. The applicant submits an application with drawings, specifications and claims, usually with the help of an attorney. The U.S. Patent Office then conducts a search to determine if the work is original and has not been publicly disclosed. It also examines the invention to see if it does what the claims state. It then publishes the application to give others an opportunity to dispute that claim.
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Expiration
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Utility and plant patents give the owner the exclusive right to use the invention for 20 years from the filing date. During that time, the patent holder can sue others if the invention is used without his permission. After 20 years, the invention is considered to be in the public domain and anyone can use it. Design patents have a term of 14 years before the design is in the public domain.
Maintenance
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Once the U.S. Patent Office grants a utility patent, the patent holder must pay maintenance fees. Holders of a utility patent must pay every 3.5, 7.5 and 11.5 years after the grant date. If the holder does not pay the fee for a year, the patent will expire. No maintenance fees apply for plant and design patents
Courts
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Patent disputes over infringement, misuse, similarity and first-to-invent abound and courts occasionally invalidate patents. Most of the invalidations are over the first to invent clause, which states the right to the patent lies with the first person to invent a given technology.
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