Is it possible to renew a patent

For worldwide coverage, one must obtain protection on a country-by-country basis. Fair warning: obtaining and maintaining a patent in every country of the world would be prohibitively expensive. Even the best-funded patent applicants need to focus their efforts and resources where protection is needed. For U. In most countries, depending on certain international treaties, these applications will be able to use the U.

Applicants can file an international preliminary patent application, called a PCT application, which delays, but does not eliminate, the need to file applications in individual countries and regions.

Yes, patents are personal property that can be sold, rented licensed , mortgaged, gifted, or willed in whole or in part. Transfers should be in writing, and should be recorded with the U. Patent and Trademark Office. When a patent is co-owned, each co-owner no matter how small the share can practice the patented invention and authorize others to do so, without the permission of and without accounting to any of the other co-owners.

Thus, before creating a situation where there are co-owners, the prospective co-owners should agree about sharing the costs and benefits of the co-owned patent.

You actually cannot patent an idea, but you can patent a product, machine, a composition, or a process based on the idea. There are numerous deadlines and requirements, but the applicant should file a patent application as soon as possible, and preferably before any public disclosure of the invention.

Once you patent an invention, you have the right to stop others from making, using, selling, offering for sale, or importing the patented invention. If you believe that someone is infringing your patent, you can send them a cease and desist letter, demanding that they stop. If they do not stop, you have the right to sue them in Federal Court. If you prove that your patent is infringed, the court can award you damages for the infringement, and will usually issue a court order for the infringer to stop.

The grant of a patent begins with filing a patent application with an issuing authority, such as the USPTO.

The application is assigned to an examiner, who examines the application, conducts a search, and determines whether the invention in the application meets the requirements of patentability.

In the U. If the examiner determines that the invention is not patentable, the applicant is usually given an opportunity to respond. The exchange between the applicant and the examiner called the prosecution of the application continues until the examiner makes a final determination. Once the application is allowed, the applicant pays the issue fee, and a few months later the patent will issue. The process takes an average of 25 months, although the time varies depending upon the examiner and the subject matter.

There are some procedures available to speed up the process. The process of patenting a product begins with the preparation and filing of a patent application. A patent application is a very complicated and difficult document to prepare, and applicants are best served by getting help from a patent attorney. The patent attorney monitors the application and prosecutes the application argues with the patent office to obtain allowance of at least one patent claim, so that a patent will issue.

It typically takes two to four weeks to prepare the application. The patent application process takes about 25 months on average, although the time varies depending on the examiner and the subject matter.

The short answer is you cannot patent a name, but you can protect it with a trademark. Trademark rights are acquired wherever you use a name. To enjoy the strongest protection, though, the name should be registered as a trademark at the state or federal level. This is to ensure that the patent remains in force during its lifetime. Therefore, you need to get your patent renewed by paying a small fee every year.

An application for a patent should not be delayed because once an invention is publicly displayed, there is no provision to patent it. However, there is the provision of a grace period of days after issue under certain circumstances explained in Chapter VI of the Act Sec , Patents Act Delay in the Patent application may involve risks. Maybe any other inventor files a patent on the said invention.

Therefore, File a Patent application before anyone else. Th e Patent life cycle st arts with an application filed with the provisional specification — The title, written description, drawings, and claims — that discloses the nature of the invention. The patent registration procedure in India includes the following steps:. The first step is about deciding whether to apply for a patent or not. Here, the prior art search will help you to evaluate the patentability of your invention.

You may perform a prior art search using free online patent databases. You can take the services of a legal service provider to evaluate it better. The patentability report using databases and legal adherents advice will help you to decide whether to draft a patent application or not. Maybe what you find as new might already have been patented in any form of information.

So, such reports are going to save a lot of time, money, and efforts. So, decide whether to go ahead with the patent or not. The following is the patentability criteria for an invention:. Write down and submit as much detail as possible about the invention without holding anything back. You are supposed to elaborate on the area of invention, what and how it works, its advantages, lab records, technical information, its application in the industry, and most important the claims.

Drafting a patent application is a really complex and time-consuming process but very important. The filing date is very crucial in the patent world. You can get one extra year of the patent if the application is drafted well. If you are doing it by yourself you must have a good understanding of patent laws.

Home Close. Search Search Trade Mark Check. Search IP Registers Search for specific intellectual property cases. Skip to content Skip to search Skip to main navigation. Print Print. Email Email. If your patent application has not been granted you are required to pay an annual maintenance fee. If your patent has been granted you will need to pay an annual renewal fee.

If your patent application has not been granted and your maintenance fee payment is not received by the end of this six-month deadline, your application will become abandoned. If your patent has been granted and your renewal fee is not received by the end of this six-month deadline, your patent will become lapsed.

Payment is made through our online maintenance and renewal service. Renewal fees Renewal fees can be paid on granted patents. If the term of a patent has expired, no further renewal fees are due. Maintenance fees Maintenance fees must be paid on patent applications.