What You Should Know About the Length of Patents in Dallas, TX
Learning the Rules: Patenting an Invention in Texas3 min read
When it comes to patenting an invention in the state of Texas, you should take the time to educate yourself on the laws and regulations that govern the patent process. From understanding the legal process to knowing what to expect with regards to how long patents will last, knowledge is fundamental for obtaining a successful outcome. Today we’ll discuss the five key things to consider with regards to the length of patents in Dallas, TX, and how to find local legal counsel for assistance.
Obtaining a patent is the best way to protect your invention from being copied or used without authorization. Patents for inventions filed in the United States are effective for a maximum of twenty years from the date of filing – but can last longer or shorter depending upon the circumstances. This is why it’s important to know what the different factors are that can dictate the length of a patent. By understanding the details and rules that are necessary, you can make certain that your invention is fully protected no matter what.
1. Type Of Patent
What kind of patent is it?
The type of patent you’re trying to obtain is the first factor that will play a role in dictating how long the patent is valid. There are three primary types of patents available in the United States: provisional, utility, and design. Provisional patents will grant you the right to file a claim for a limited amount of time, usually 12 months, while a utility patent is far more broad in scope and can last up to 20 years. A design patent is also limited in scope, but the length is set to 14-15 years depending on the specific application.
2. Maintenance Fees
Do you need to pay maintenance fees?
Every patents also requires the payment of annual upkeep and renewal fees. These are termed “maintenance fees” and you must pay these in order to keep your patent in force and effective. Generally, maintenance fees are due on a yearly basis and must be paid in order to maintain the validity of the patent until it expires.
3. Prior Art
Does prior art affect the length of a patent in Dallas?
Prior Art is any kind of existing information that may have a bearing on your invention. This includes publically available documents, such as scientific or legal literature, along with any patent applications, technical manuals, instructional materials, or general information about similar designs. If prior art for your invention exists, it can have an effect on the length of your patent. Some prior art may invalidate or restrict your patent, depending on the specific circumstances.
4. International Patents
Do international patents last longer?
In most cases, a national patent will grant you protection in it's jurisdiction for 20 years, but if you file for multiple patent applications around the world, like in Europe or Japan, the patent protection for the specific country may be valid for multiple years past the 20 year mark provided all necessary fees are paid.
5. Local Regulations
What are the local regulations in Dallas, TX?
Finally, the length of a patent will depend on the specific regulations in Dallas, TX. Make sure you’re familiar with the city’s ordinances and statutes before embarking on the patent process. Additionally, you should consult expert counsel on local patent laws. An experienced intellectual property attorney will be fully versed in all the local rules and will be able to provide substantial insight into the best way to proceed with your patent application in Dallas, TX.
Obtaining a patent to protect your invention in Dallas, TX is an essential part of the process in ensuring its success. In order to ensure that your patent remains valid and in force for its full term, it’s important to understand the different factors that dictate the length of patents. This includes the type of patent, the need to pay annual maintenance fees, prior art consideration, and the local rules and regulations that govern patent laws in the city. Having this knowledge can help to ensure that your patent remains in effect until it reaches its expiration date.
For more tips and advice regarding patents in Dallas, TX, you can consult the experienced attorneys and counselors at UpCounsel. Whether you need a one-time consultation or an entire freelance legal team, UpCounsel is here to help. With access to a network of experienced attorneys and reviews of their past work, you can trust UpCounsel to provide quality, cost-effective legal services no matter what your specific requirements are.