Patent expiration: When, how, and what now?

A patent is a form of intellectual property protection that doesn’t last forever. Depending on what one invented, a patent will expire after a decade or more, and when this happens, anyone can copy the idea and market it – at which point the protection around the idea no longer exists. Here are essential things to know about patent expiration.

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 In the United States, patents expire within 14 to 20 years from the filing date, depending on what one patented and when. Once this takes place, the idea passes into the public domain. To check when a patent expires, go to the U.S. Patent and Trademark Office website, and then navigate to the USPTO Patent Full-Text and Image Database. Enter the number of the patent to be checked, or search by keywords or title.

Afterward, check the date when the patent was first filed. Add 20 years to the date if the application was filed on or after June 8, 1995. If the patent application was filed before June 8, 1995, the patent’s term is 17 years after the grant date of the patent. If it’s a design patent versus a utility patent, the expiration date is 14 years following the date the patent was granted, regardless of when the application was filed.

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Once a patent expires, competing firms on average hit the market with similar products. Often, this results in a loss of income for the company that was the original holder of the patent. Certain patent terms, too, may be linked to other patents, and when this occurs, a patent may have fewer patented years based on an earlier-issued patent.

It’s best not to leave one’s invention to the mercy of its expiring patent and USPTO rules – keeping some factors of the invention secret, for instance, can help ensure no other party can make the exact same product.

Michael Melton established TME Enterprises , which owns, operates, and manages Taco Bell and Five Guys Burgers restaurants and commercial real estate. Mr. Melton has also been an attorney and consultant at IP Counsel Consultants since 2002, where he provides advice to clients on the licensing, acquisition, and management of intellectual property assets and expert witness testimony. For similar reads, visit this page.

What are the three main types of copyright infringement?

When people talk about copyright infringement, they automatically assume it’s a case of copying the work of another person and passing it off as one’s own, or using another company’s trademark for one’s business. While these are indeed cases of copyright infringement, this intellectual property violation is more than a stolen logo. Here are the three main types of copyright infringement.

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Piracy
Piracy has caused millions of dollars of revenue loss to several major corporations. Piracy is the unauthorized copying, production, distribution, and sale of goods that protected by copyright. These include anything from designer handbags to movies. Although the act of piracy has been condemned because of its intent toward financial gain, programs such as peer-to-peer sharing networks to download and distribute copyrighted content also fall under this category regardless if the content is for personal consumption and not for business purposes.

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Theft
Major corporations qualify the use of their logos without their consent as theft. Even in the absence of stolen physical properties, copyright infringement has occurred when an unauthorized entity uses logos with certain exclusive rights.

Freebooting
Freebooting was first used in the 16th century referring to act of looting or plundering done by pirates. But today, freebooting is a more recent term describing the unauthorized reproduction of online media such as videos and posting them on websites like Youtube or Facebook without giving attribution to the original content creator. The term is a combination of freeloading and bootlegging. Basically, freebooting is defined by a person uploading a video someone else made regardless if they profit from it or not.

Attorney Michael Melton is the founder of TME Enterprises, which owns, operates, and manages Taco Bell and Five Guys Burgers restaurants and commercial real estate. He is the largest African American Franchisee of Five Guys, owning two locations within the Atlanta Hartsfield Jackson Airport. For more reads regarding copyright infringement, visit this website.

How to proactively protect intellectual property from infringement

Intellectual property infringement comes at a great cost for businesses.  In the consumer goods sector, manufacturers face challenges in counterfeiting, while digital goods producers face the threat of piracy.  All organizations face issues in copyright and trademark infringement.  With increasing growth, globalization, and digital spread of content and information, it’s important to take these steps to keep IP rights protected.

Register the appropriate IP protection

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Register a given work to put your claim into the public view and discourage other parties from using it without permission.  This involves registering copyright, applying for a patent or provisional patent, or registering trademark.  Maintain this protection, too, such as renewing trademark on time and filing the paperwork documenting use.

Keep it a secret

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Some forms of IP are best protected when you stay mum about it.  If the work isn’t patentable or you prefer to protect it via the trade secrets law, limit the number of people who know about it.  Don’t forget about non-disclosure agreements.

Watch the marketplace

Keep an eye on the industry such as paying attention to new products and companies, setting up online alerts to know about mentions that are similar to your work, and probing products that appear similar to yours.

Make sure not to violate IP rights, too

Plan and prepare ahead before promoting a product, service, or material for your business.  Research related patents and copyrights, and read the terms and conditions in all contracts and licenses for all types of content.  When in doubt, ask a lawyer.

TME Enterprises was established by Attorney Michael E. Melton. The enterprise owns, operates, and manages Taco Bell and Five Guys Burgers restaurants and commercial real estate. For similar updates, visit this page.

What everyone should know about patent application

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Inventors are experts in patent application.  They need to be.  They need to know the ins and outs of requesting for a patent at a patent office (usually the national patent office).  For newer innovators, here are the basic guidelines and steps to be followed as outlined by the United States Patent and Trademark Office, or USPTO.

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IP protection type

Off the bat, inventors need to know if their invention qualifies for a patent.  If it does, they need to know what type of Intellectual Property, or IP protection is needed.  There are a number of questions to be answered in determining this.  Inventors should also check if the invention has already been previously patented.

Initial application

The next step is to know the cost, how long it will take, and the expedited exam options.  This information will help the inventor submit the correct initial application, filing date, and initial fee.

Examiner

There will be an examiner who will check the completed initial examination.  He may or may not approve the application, depending on their own set of rules and guidelines.  If an invention’s patent application has been rejected twice, the inventor may go to the Patent Trial and Appeal Board, or PTAB, for an appeal.

Approval and maintenance

Finally, if the application and patent have been approved, there will be instructions including a Notice of Allowance, and utility and reissue patents.  Patent grants are usually mailed on the issue date, which is around a month after the approval.  There are fees to be paid for patent maintenance and protection of the invention. 

Michael Melton owns TME Enterprises, and is founder and president of MEM Enterprises Group which owns, operates and manages Taco Bell and Five Guys Burgers restaurants and commercial real estate. Michael has enjoyed a distinguished career as an Intellectual Property attorney and is currently a partner at Norris & Melton P.L.L.C located in Washington, DC. To learn more about TME Enterprises, visit this blog.