2006-06-14 05:46:01 · 7 answers · asked by Dion 1 in Politics & Government ➔ Law & Ethics
Yes and no. If you got the patent you can fight off imitators by threatening them with a patent infringement suit. But to actually take them to court is so unbelievably expensive that most people settle out of court. Patent infringement suits would only be successful if your patent is very well written (so use a pro) and theirs is clearly an infringement (and they would use a pro as well). So a big company might just infringe then call your bluff - they can afford bigger and better lawyers than you, you can't afford to sue, so they expect you to roll over. Settle out of court, earn a royalty, and be satisfied.
2006-06-14 05:53:15 · answer #1 · answered by wild_eep 6 · 3⤊ 0⤋
YES. "The patent grant excludes others from making, using, or selling the invention in the United States." This was taken from the uspto website..."Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available. " Design patents last for about 14 years.
2006-06-18 05:19:52 · answer #2 · answered by . 4 · 0⤊ 0⤋
No! you do have rights in a court of law to seek payment for the use and profit a non licenced person or co got from your invention! You must pay your attorney to prosecute your case against the non licenced co or person. Even then it's up to the court to decide what your damages are and what compensation you are to get. The US book store in any major city will have the books about the patent office, it's job, and what the requirements are to start and proceed with patent and all the rules about the paper work and how it is to be arranged to comply with the rules of patent law. I know I got a patent for a closed circuit hydroelectric power plant www.permanentenergy,com will show you a laymens overview of my power plant. I started at the US book store and from there I got a patent attorney filed my disclosure document and made a patent filing.
2006-06-14 13:51:54 · answer #3 · answered by Anonymous · 0⤊ 0⤋
you can't be guaranteed that no one else will infringe, but in the uk , a patent covers you for 20 years at least, extendable to 25 years in some circumstances, it give you as mentioned already the right to enforce just make sure the person or body infringing has the money to be worthwhile pursuing.
2006-06-15 11:39:39 · answer #4 · answered by logicalawyer 3 · 0⤊ 0⤋
I think it is if it came from the Government. Its guaranteed for 7 years last time I heard.
2006-06-14 12:49:41 · answer #5 · answered by Cameron 3 · 0⤊ 0⤋
a patent is a guarantee .... its a guarantee that no one can duplicate your idea without your consent
2006-06-14 13:15:27 · answer #6 · answered by insenergy 5 · 0⤊ 0⤋
In a word yes
2006-06-14 13:03:59 · answer #7 · answered by Duke 2 · 0⤊ 0⤋