About Patents

Patents

Patent protection grants the patent holder the exclusive right to prevent others from producing, using, selling, reselling, offering, or storing their patented invention.

Patents generally apply to innovations of a technical nature. The maximum term of a patent is 20 years from the filing date. However, what can and cannot be patented varies by jurisdiction. For example, while software patents are possible in the United States, they are much less likely to be granted in Europe. Similarly, therapeutic methods can be patented in the U.S., whereas they are not patentable in Europe.

A patent is granted by offices such as the European Patent Office (EPO) and the U.S. Patent and Trademark Office (USPTO) for inventions that are new and inventive. The novelty requirement is met if all elements of the invention have not been publicly disclosed in any publication or presentation. Even the sale of a product can destroy its novelty, making it impossible to patent later.

To protect an invention, it is crucial to file a first patent application in at least one country before any public disclosure. This establishes a priority date (or “first date”), after which the invention can be shared—such as by sending test samples to customers or presenting it at a conference. Within 12 months of the first filing, additional patent applications can be submitted in other countries. The priority date ensures that any subsequent disclosures do not harm the patentability of the invention in those jurisdictions.

At Abcor, we collaborate with an independent network of professionals to handle patent applications efficiently and at competitive rates. This applies not only to new applications but also to renewals. Through a strategic partnership with a renewal office, we offer significantly lower renewal costs compared to standard industry rates.

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