Best Business Attorneys in Arlington, TX

Generally, the person who designs or devises the IP is the one who owns it. If that individual is the employee of a company and creates that IP within the capacity of their employment, then it is likely that the employer actually owns the IP. This ownership may be formalized with an Assignment of the IP rights or another similar agreement.

This depends upon the country covered by the patent. In the U.S., utility patents are given a 20-year term that ends 20 years after the filing date of the application for patent. U.S. design patents have a term of 15 years from the date of grant. While no maintenance fees are due to keep design patents in force, U.S. utility patents can only remain active for their full term if the patent owner pays maintenance fees approximately every four years. In many foreign countries, patent terms of about 20 years are common, but it may be necessary to pay annual annuities to keep the patent in force.

Most countries have their own patent laws and patent offices. If you apply for a U.S. patent application with the U.S. Patent and Trademark Office, then any resulting patent will be valid in the U.S. only. You also may have opportunities to file for patent protection in other countries where you plan to sell, manufacture or otherwise do business.

Writing and prosecuting a patent application is a complex and time-consuming process that is loaded with pitfalls. Because it is a very particular area of U.S. law, it is always wise to ask a qualified IP attorney to write, file and prosecute the application on your behalf. This ensures a more efficient process that may mean that you get broader and more meaningful protection than you could otherwise have obtained.

This generally is not a good idea, as it may preclude you from obtaining patent protection in the U.S. and elsewhere. Meet with an IP attorney before any disclosure of your idea.