A patent ensures that an inventor is able to profit from his or her invention by preventing others from doing anything with it.The public can use the invention for free once the patent is over.If you meet certain requirements, you can extend your patent and keep your invention out of the public domain.
Step 1: Determine the status of your patent.
The United States Patent and Trademark Office keeps a database of patent information.You can access the database to check your patent status.If you can't find what you're looking for in the text-based display, look at the patent image in PDF.European patents can be found here.You can check the patents on the internet.You can't get the rights to an expired patent.
Step 2: Do you have a patent?
Utility patents and design patents are the main types of patents in the US.Utility and design patents protect the way an invention looks.Design patents last between 14 and 15 years for those filed after May 13, 2015.There are 20 year long plant patents for inventors who asexually reproduce a new variety of plant.
Step 3: Find out if you are eligible.
If there are government regulatory delays or newer laws that extend the length of a patent, there is a chance it will be granted.It is possible to get Congress to pass a bill to extend your patent.You might be able to get your patent extended if you fall into one of these categories.
Step 4: Extensions might not be an option.
The term for your patent will be the same for most inventions.You might not be able to extend your patent for this invention.You can get a new patent for your invention if you focus on developing it.
Step 5: Get a term change.
If your patent was delayed because the USPTO was taking longer than usual to process the paperwork, you may be able to file for an extension.The extension will cover the lost time from your patent term.The length of the extension you are approved for will depend on the delay time frame, but will not be longer than 5 years.
Step 6: Your patent term should be increased.
You may be able to request an extension on your patent if you were initially granted less time than later legislation allows.Utility patents granted before June of 1995 may be given an extension to 20 years.This does not apply to designs.
Step 7: The Hatch-Waxman Act allows for an extension.
A patent term restoration under the Hatch-Waxman Act is sometimes given to those who qualify.As an extension to the original patent, the period of time that you were unable to sell your product due to FDA approval may be restored.
Step 8: There is an extension for the United States Patent and Trademark Office.
The application forms for patent extensions can be found on the website.There are filing fees associated with this application. The process for filing for the extension depends on which reason for extension the patent falls under.The application for extension should be in writing and include identifying information for the patent, information about why the application is for an extension, relevant dates to determine the length of the extension and copies of patent documents.The exact amount of the fee and the procedure for requesting the extension should be checked with the USPTO.
Step 9: Wait to hear back from the USPTO.
It can take several months for the US Patent and Trademark Office to process your request.It's best to be patient with any government process.There is a chance that you could be approved for an extension if you have a good reason.
Step 10: Request a hearing.
You have the right to appeal if your request is denied.There are appeal forms on the website for applications filed before September 16, 2012 and after.Defects in the paperwork you submitted for the extension and your invention being ineligible for extension are reasons for denial.If your extension was denied in your written appeal, you should file an appeal and address the issues.Your notice of appeal and fee payment are required for the appeals process to begin.It will continue until it reaches the Patent Trial and Appeal Board.The board will make a decision on your case.
Step 11: Meet with a lawyer.
If your request is denied, you should consult with an attorney to review your options.Your lawyer may be able to give you suggestions on how to improve your application.Your lawyer can make sure that your patent extension is done correctly.
Step 12: Be realistic.
The most common form of attempting to extend a patent is this one.If you have convincing evidence for your request, Congress may not deny it.You may need support from the community or a special interest group.The copyright of works was extended to 95 years in 1998.The modification was mostly due to lobbying by the Walt Disney Company.When sending a bill requesting a patent extension through Congress on your behalf, keep in mind the kind of influence you may need.
Step 13: A representative can be found.
Do some research to find out if someone in your area would want to sponsor you in extending your patent.You will have to convince him or her that you need to extend your patent.It is best if they have a record of supporting the type of invention you have or are connected in some way to that field.Private legislation can only be proposed to the legislative body by a member of Congress.
Step 14: A bill should be drafted.
Before you approach your representative, it is a good idea to do as much research as possible.Go over the reasons why your patent should be granted an extension in your bill.To find out what a bill looks like, you can check the Congress website.Legalese can be difficult to master, so it's helpful to consult with a patent attorney.A preamble can be created.This is an introduction to your patent, the date it will expire, and an explanation of why you need an extension on it.There is a body clause.In this case, you want your patent to be extended, so this is the meat of your biIl.Finish with an enactment clause.This is when you want the bill to take effect.Your patent will be due to expire on this day.If a bill needs to take effect in 90 days or less, it will only require a majority vote, if it takes effect after that time period.Send your bill as soon as possible.
Step 15: Your bill should be submitted to your sponsor.
Call or email your representative.You can fill out a form on a website.When you can expect to hear back, be sure to ask what the process is like.
Step 16: A lobbyist can represent you.
If your patent is important to certain groups or not extending it could cause harm, look for someone with contacts to represent you.Lobbyist groups can try to get Congress to extend your patent.If your patent is not extended, you need to have a good cause with far-reaching effects.
Step 17: Don't be impatient.
The legislative process can take a while.The house must vote on it before it goes through multiple committees.It needs to be signed in after that.You should discuss the length of time this will take with your sponsor.