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Indiana Patents (Intellectual Property) Questions & Answers
2 Answers | Asked in Patents (Intellectual Property) for Indiana on
Q: What is the "inequitable conduct" defense in patent infringement litigation?
Paul Overhauser
Paul Overhauser
answered on Dec 30, 2010

A patent applicant has an obligation under 37 CFR 56 to disclose to the Patent Office information that is "material" to the patentability of the patent application. If the applicant withholds or misrepresents information when dealing with the Patent Office, a court, in a later... View More

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1 Answer | Asked in Patents (Intellectual Property) for Indiana on
Q: I've invented a toilet with an automatic exhaust fan that goes on when you sit on it. Is it patentable?
Paul Overhauser
Paul Overhauser
answered on Dec 20, 2010

First, it is not a good idea to disclose your invention in a public forum like this until you have determined whether your invention is patentable. That being said, there is not sufficient information to determine patentability. It would be necessary to learn more information about your... View More

2 Answers | Asked in Patents (Intellectual Property) for Indiana on
Q: How long does a patent last?
Paul Overhauser
Paul Overhauser
answered on Dec 20, 2010

The term of a patent depends on the country that issued the patent, on the type of patent, and on whether "maintenance fees" have been paid. In the US, a "utility" patent lasts 20 years from the date of the first patent application giving rise to the patent. However, the... View More

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2 Answers | Asked in Patents (Intellectual Property) for Indiana on
Q: Are patents good in other countries?
Paul Overhauser
Paul Overhauser
answered on Dec 20, 2010

You must file for patent protection in each individual country in which you want protection. Usually companies select which countries to seek patents in based on where the biggest markets for the invention are located. The costs for patent protection varies considerably from one country to the... View More

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3 Answers | Asked in Patents (Intellectual Property) for Indiana on
Q: How do I get a patent?
Paul Overhauser
Paul Overhauser
answered on Dec 20, 2010

To get a patent, you need to file a "non-provisional" patent application. While legally, you are not required to use a patent attorney to file for a patent, the patent regulations are very complex, and most businesses and individuals use a patent attorney. More information about the... View More

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2 Answers | Asked in Patents (Intellectual Property) for Indiana on
Q: What are the benefits of filing for a patent?
Paul Overhauser
Paul Overhauser
answered on Dec 20, 2010

In my experience, there are five reasons businesses get patents. First, and most prevalent, is to obtain a monopoly on the patent technology. In other words, a patent owner can prevent others from making, using or selling the patented invention. Second, you can make money by selling or... View More

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2 Answers | Asked in Patents (Intellectual Property) for Indiana on
Q: How much does a patent application cost?
Paul Overhauser
Paul Overhauser
answered on Dec 20, 2010

The cost of a patent application varies widely depending on the invention you seek to protect. A very simple design patent application might cost $500 - $1,000 to get on file. I've done very complex patent applications for telecommunications systems that have cost nearly $30,000. Moreover,... View More

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3 Answers | Asked in Patents (Intellectual Property) for Indiana on
Q: What is the difference between a provisional and a non-provisional patent application?
Paul Overhauser
Paul Overhauser
answered on Dec 20, 2010

A "provisional" patent application is not a "real" patent application in the sense that it will not result in the issuance of a patent. However, it establishes a date of invention. You then have 12 months to file a "non-provisional" patent application which claims... View More

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