How does a patent translate to money for the inventor, and how is it normally enforced? Let’s say that you invent the McCormick Reaper. Ok, so you get the basic design down. What happens when someone makes an iterative improvement? What then? Do you simply get a cut of every copy of the mechanised reaper bought and sold that is your version?
Do patents apply only for commercial usage?
In: Technology
From a non attorney:
Patents can be monetized through licensing (allowing someone to produce and brand your design for a fee/royalty) and can keep your competitors from copying your design through litigation (although this is extremely time consuming and expensive). In order for someone to be awarded a patent on your design they have to show that they improved upon it somehow and the improvement is both novel (truly unique/new) and non obvious (someone skilled in the art/has a through understanding of the product/field of study wouldn’t think that is an obvious evolution. It also has to enhance the utility of the product/design in other words you can’t just add a a few LEDs and say that its a new product. So yes if you had a licensing agreement you could be built in such a way that you get a royalty for each unit sold but it could also be a flat fee etc.
What do you mean by only for commercial usage? The point is to keep people from manufacturing and selling/distributing your product/idea.
A few things to keep in mind:
* Design patents are powerful as are trademarks and copyrights. Obviously that is very broad and won’t apply to all situations.
* If its only patented in the US its protected only in the US but it is fairly easy but expensive to spin that US filing into a PCT (Patent Cooperation Treaty) filing and file simultaneously in any country that is a member of the PCT.
Again not a lawyer but picked a few things up over the years.
Hope this helps.
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