I would start by finding out who owns the patent. Most patents are assigned from the inventors to a company. Sometimes a patent is then assigned several times after that. The issued patent lists the assignee (owner) as of the date that the patent issues but does not get updated.
Assuming all maintenance fees are paid and there is not a terminal disclaimer linking the end date to another patent, then the termination date is 20 years after the first non-provisional application in the family plus any bonus days extending the term through Patent Term Adjustment (PTA)....Read more »
How to do it: you need to hire a patent attorney. The patent attorney will need to know about your business model, your product's PLC, your geographical scope of operations, and something about your product that you want to get a patent on.
Obtaining a patent starts will considering the likelihood the idea can obtain a patent and submitting a patent application, if the chances of gaining a patent are considered worth the investment. A patent attorney can help with these steps. Patent attorneys can be found on Justia. Many patent...Read more »
No. There are many cases where a contract between the patent owner and the licensee stipulated that the licensee will pay royalties even after the patent expires or is found invalid. In such cases, courts have always ruled that such stipulations are not enforceable, under the theory that such...Read more »
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.