BArtels Law

1. What is a patent and what does it protect?

A patent

2. How does this work?

The basic process of applying for a patent is on-line through the USPTO website. xxxxxxx. Contact me to discuss your particular product or service before you file so I can advise you on the best approach.

3. What is the difference between the types of patents?

The basic patents are a Utility Patent, a Design Patent and a ....

4. How do I find out if my invention has been patented already?

There are two items in the question that need to be addressed:

First - you cannot patent an idea. You must make (or at least make a drawing showing how it will be made) a real version of your idea. Only then can you patent it.

Second - A patent will deter others from making money off your idea without compensating you.

5. How do I get my patent?

First, you need to make sure your idea is 'unique'.

6. What kinds things can I patent?

Things you can make or do.

7. How long will my patent last?

A U.S. patent runs xx years but can be renewed.... 

8. What is infringement of a patent?

Any unauthorized use of the same idea for similar products would be patent infringement. The basic test is xx

9. How do the police inform me when there is an infringement of my patent?

There is no patent police.  It is your responsibility as the patent owner to monitor for and identify any infringement.  In most cases a ‘Cease and Desist’ letter from an attorney is enough to stop the infringement or trigger a discussion about licensing terms.

10. Can I license my patent to others?

Yes. Patents can be licensed.

11. How do I protect my patent outside The U.S.?

A U.S. patent does not protect your idea in other countries.  International patent protection is available on a country-by-country basis. A patent attorney can assist with the planning and execution of international patents.

Note: Pursuing cases of international patent infringement can be very complex and expensive.  Only large multi-national corporations typically pursue this action.  For small companies, the best strategy typically is to enforce the patent on any imports into the US, but even this can be complex and daunting.

12. Can I sell my patent to someone else to make?

Yes.  

13. What if someone patented an invention but I had the idea before them?

Patents are awarded to the first person to apply for the patent - not the first to think of the idea. If someone applied for the patent before you did, then they get the patent. IF you have some proof that you were using the idea prior to their application, you might be able to get the patent revoked. That way you could use your idea without having to pay licensing fees - but then so can the other person.

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14. How do I make money off of my patent?

The two basic ways to profit from your idea:

1 - Make and sell the product. Your patent will prevent anyone else from making the same product.

2 - Sell or license your patent to someone else so they can make the product.

15. How much does it cost to get a patent?

The

16. How long does it take to get a patent?

The 

17. Can I keep my patent a secret?

The t.