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How to Modify Patent

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The video discusses the process of patenting movements, focusing on utility patents, which provide 20 years of protection from the filing date. A patent grants a monopoly on the invention, but this protection is not indefinite. To extend protection beyond 20 years, one must file for an improvement patent on the original design, as re-patenting the same invention is not allowed. Improvements must be unique and novel; while changes in shape may qualify, alterations in size or color typically do not. The speaker emphasizes that meaningful advancements are necessary to gain additional patent protection.

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How much does it cost to challenge a patent?

The filing fees are high, $41,500 for an IPR and $47,500 for a PGR, with additional fees depending on the number of claims challenged. The proceedings are handled by a three-judge panel of administrative judges with technical background in the field of the patent.

What is the maximum patent term adjustment?

PTE is calculated by adding half of the time for the testing phase with all the time for the regulatory approval process and subtracting any time the applicant did not act with due diligence. The extension may not exceed five years from the patent expiration date or fourteen years from regulatory approval.

Can patents be extended or adjusted?

Without a change in the law, a patent cannot be extended beyond the term for which it issued. The only way to extend protection is to invent and patent an improvement to the originally patented invention.

Can you improve an expired patent?

If a patent expires unintentionally, the USPTO might allow the owner to pay the back-maintenance fees to revive the patent. If the patent expires because it was abandoned, the individual might be required to pay a petition fee as well as back maintenance fees to revive the patent.

Can you resubmit a patent?

You can file the same provisional patent application as many times as you want, and whenever you want. So, yes, it is possible to refile a provisional patent application, but not without consequences. Filing the same provisional application over again, however, will result in a later priority date.

Can patents be renewed every 20 years?

If the patent is past the 20- or 14-year mark (depending on the type of patent), you cannot renew the patent, but you can still own the product and any other materials and information you purchase from the inventor.

How do you correct a patent?

Whenever a mistake in a patent, incurred through the fault of the Patent and Trademark Office, is clearly disclosed by the records of the Office, the Director may issue a certificate of correction stating the fact and nature of such mistake, under seal, without charge, to be recorded in the records of patents.

Can a patent be altered?

You can change the claims of a patent without filing a new application unless you are making a new claim. If you are making a new claim, you will need to file a new patent application. Federal regulations governing the USPTO provide specific rules for amending patent claims.

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