The length of time that intellectual property protection lasts varies depending on the type of IP. You also need to be aware of any required maintenance fees or conditions.
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The length of time that intellectual property protection lasts varies depending on the type of IP. You also need to be aware of any required maintenance fees or conditions.
Patent protection almost always lasts past the useful life of the idea. New improvements will come in the first few years and those improvements will get patents of their own. Only pioneering patents will stay useful the full 20 years of their life.
Patent Agent
The way I see it, the $5,000-and-change charged for issuance and maintenance are ripoffs designed to make money for the government. To my mind, that is the antithesis of what the patent office is all about.
Same with all the fees involved in getting a patent. If Google can give me a user name and website for free and electronic shelf space is a fraction of a penny, why does the USPTO charge $125 to file a Provisional – when all it does is sit in a file.
Or why they charge for everything else based on exorbitant rates. The only fee I can see having any relevance is the examination fee. Issuance and maintenance should be ‘nothing’.
I’d be interested to learn if anyone has ever challenged the USPTO’s fee structure in court.
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I doubt the US Patent Office makes a profit off filing and maintenance fees. It cost money to operate the office. That includes researching and validating each patent application. Patents are not just rubber stamped. They have to be rigorously researched and tested to make sure the patent is valid. Then there are costs involved in maintaining files and responding to lawsuits and such brought against patents.
I know some people do not like government and taxes, but the US Patent office could work better and faster if it had the money to hire more people to process, research and validate submitted patents.