Q: How many times it take for a Patent to be "free" when it is not exploited?

2 Lawyer Answers
Timothy John Billick
Timothy John Billick
Answered
  • Intellectual Property Lawyer
  • Seattle, WA

A: You should clarify your question. The patent remains enforceable for its entire life. Absent unique circumstances, this is generally 20 years from the earliest filing date from which the patent claims priority. Feel free to reach out to me with further questions.

Peter D. Mlynek
Peter D. Mlynek
Answered
  • Intellectual Property Lawyer
  • Moorestown, NJ

A: This is a very common philosophical question or a public polity in patent law. Since patents are made to promote the progress of science by securing for limited time to inventors the exclusive right to the inventions, what happens when the inventor does not do anything with his invention?

Suppose that an inventor invents a product or a service that would make this world a better place. Does it make sense to let the patent owner not to take advantage of the invention and make and sell the product to the public, and to let the patent owner prevent others from making and selling that product? It seems like the patent owner is abusing the system.

In some countries, the government says: "well, the invention belongs to the patent owner, and if the patent owner for whatever reason does not want to make and sell it, that it the patent owner's right." In other countries, the government says: "well, there is a useful invention, and if the patent owner does not use it, then others should be able to make it and sell it for the benefit of the society; the government will not invalidate the patent, but will force the patent owner to license the patent to interested parties for a reasonable fee."

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.