Johnson & Johnson holds the patent for Zytiga, a cancer drug used to treat prostate cancer. However, a U.S. district court just invalidated the company’s patent, which could open it up to competition from generic versions of the drug.
The company has filed an appeal and asked the court to hold off on allowing generics until the appeals process is finalized.
It's important to go into the patenting process with appropriate expectations. Whether you have an idea for a new consumer product, or want to accelerate growth at your tech startup by improving on current technology, patents serve a range of purposes.
Patents help protect your intellectual property, but are difficult to obtain. The application process can be long - the average time to obtain a US patent is about 2 years.
Creating a new process or product that helps others accomplish a task in a new way is an exciting endeavor. If your invention proves successful, you can obtain significant advantages by obtaining a patent for it.
Before you file for patent protection you'll want to investigate whether your invention is patentable. Certain types of inventions are not eligible for patenting, such as abstract ideas or products of nature, so you'll want to avoid spending time and money filing for an unpatentable invention. In addition, searching for patents on similar products is an important part of the patenting process.
You have a new idea / invention that you want to bring to market. You believe your invention will change the world, aid others in some way or perhaps simply provide entertainment and pleasure. It's likely you want to protect it.
If you're able to obtain a patent, you will own the right to prevent others from making, using or selling your invention. Although it's possible to file a patent application without using an attorney, the lengthy, confusing aspects of the patent process may make you wish you had. Between knowledge, expertise and commitment, a patent attorney provides the reliable help you need to securely maximize the rights to your invention.
The primary stages of the patent application process include:
As an entrepreneur, intellectual property of some kind, and protecting it, is likely a critical aspect of your business plan. Whether it's a trademark that builds your brand, copyrights that protect your creative works, or a patent for your invention, you have to bring something unique to the market and try to legally protect it.
A patent can be an extremely valuable asset for protecting an invention.
A patent gives the owner the right to exclude others from making, using or selling the described invention, for up to 20 years. The essence of the 'deal' between the government and an inventor is a 20-year monopoly, in exchange for public disclosure of the invention.
The public disclosure allows others to read about the idea and then make improvements (possibly getting their own patents) - with the overall goal being to encourage innovation and progress.
With one exception, all patent applications are disclosed to the public 18 months after the earliest filing date.
If you have a new product or service and would like to establish a brand name, then it may make sense to try to establish protection for your brand name, by filing for federal trademark registration.
If you have an idea which you think is patentable, you may decide you want to move forward and try to obtain patent protection. Before you can proceed with protecting your invention, however, it's important that you understand what is known as "prior art."
That term is used to describe all publicly available information, anywhere in the world, that in some way relates to your invention. You cannot receive a patent unless your invention is new, as compared to what is taught in the prior art.
If you have a new idea or invention, it can be important to get an application filed as soon as possible, since others may independently come up with the same idea, and file for patent protection first.
However, many first-time inventors have limited funds for patent filing. Does it make sense to submit what some view as a "poor man's patent application", that is, a Provisional application? And can an inventor do this on their own?
When applicants are trying to patent their invention they often get the feeling that their patent examiner is an adversary. While it can seem like a patent examiner is pitted against you, he or she functions primarily as a gatekeeper. A patent examiner simply has a job to do.
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