Seeking legal assistance that understands the Los Angeles region can be daunting and becomes even more complex when you require details on something as intimidating as patents. To help provide some clarity, let’s break down exactly how long a patent lasts and what steps you need to take to ensure your invention or product have the utmost protection.

A patent is a form of intellectual property that grants an individual or business the exclusive right to produce, distribute, and sell its invention or concept for a specific period of time. The laws regarding patents vary slightly from country to country, but in most areas the term for a patent is 20 years from the date of application.

The 20 year term of a patent begins when an individual or business successfully files an application for the right to sell a concept or invention. Once the patent is granted, the patentee has the right to prevent anyone else from making, using, or selling the invention. At this point, any party wishing to use the patent in any capacity must obtain consent from the patentee and reach an acceptable financial agreement.

Patent application review and the granting of a patent is a long and complicated process that can often times take 15-20 years before you officially own the rights to the invention you developed. Obtaining a patent can be time consuming and expensive, yet many businesses and individuals view it as a necessary process in order to protect their ideas and product.

Potential applicants should be aware that in most countries, there are different types of patents that control different types of inventions or ideas. Generally, these patents can fit into three categories: utility patents, design patents, and plant patents.

A utility patent is a patent for the protection of inventions and discoveries that are deemed novel, useful, and nonobvious. A utility patent usually covers a method or process, a machine, a manufactured item, or an improvement made to an existing product.

Design patents protect any concept or idea that has a unique ornamentation or design. This type of patent is often only effective for aesthetic design elements and does not usually affect the functionality or function of the device.

Finally, plant patents protect specific kinds of living plants and restrict the propagation or reproduction of any plant that has been specifically patented. This type of patent allows a company to commercially introduce a new type of plant without needing to worry about potential copying or production of the same plant by another entity.

It is also essential to note that prior to filing a patent application, applicants should make sure they have taken the necessary steps in creation and documentation to prove the concept or idea they are attempting to patent is novel, nonobvious, and useful. Additionally, it’s important to conduct prior art searches to make sure the idea is indeed patentable and not already protected under existing patents.

In closing, the process of obtaining patents is complicated and can take a long time if not done correctly. Before undertaking the process, have an initial consult with an experienced patent attorney who can help guide you through specific local requirements. If you’re seeking legal counsel for Los Angeles, UpCounsel’s network of experienced lawyers are available to provide high-quality, cost-effective legal services for small businesses to Fortune 1000 clients.

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