Length of patent

[spoki68]

What is the name of your state (only U.S. law)? AZ

I have researched and found a similar patented idea to what im interested in doing.
The patent was obtained in 1992. How do I find out when and or if it will expire also,
what will it take to get insurance that my idea is not an infringement on this already existing patent.

[Silverplum]

Originally Posted by spoki68

What is the name of your state (only U.S. law)? AZ

I have researched and found a similar patented idea to what im interested in doing.
The patent was obtained in 1992. How do I find out when and or if it will expire also,
what will it take to get insurance that my idea is not an infringement on this already existing patent.

You can start here:
[url=http://www.uspto.gov/main/patents.htm]Patents[/url]

[divgradcurl]

Originally Posted by spoki68

What is the name of your state (only U.S. law)? AZ

I have researched and found a similar patented idea to what im interested in doing.
The patent was obtained in 1992. How do I find out when and or if it will expire also,
what will it take to get insurance that my idea is not an infringement on this already existing patent.

Did the patent issue in 1992?

The rule for patents is pretty simple: If the patent issued prior to June 8, 1995, it is valid for 17 years from the date of issue.

If the patent was filed prior to June 8, 1995, but issued after June 8, 1995, it is valid for either 17 years from the date of issue, or 20 years from its priority date (usually filing date, but may be earlier if the patent is a continuation, divisional, or continuation-in-part), whichever results in a longer term.

If the patent was filed after June 8, 1995, the patent is valid for 20 years from its priority date.

There are adjustments to these rules in specific cases, but for the vast majority of patents, these three rules will tell you what you need to know.

[spoki68]

applied for in 1990 and granted in 1992 however,
at the patent and trademark web site it doesnt show. only thru google patent does it come up..if it is expired do i just apply with revisions w/ my ideas?

[divgradcurl]

If the patent issued in 1992, it will expire this year -- 17 years from the date it issued. Once a patent expires, the patent can no longer be enforced, so you are free to use the patented invention -- however, if your idea or product is an improvement on the existing (expired) patent, you should ensure that there isn't another patent that covers what you intend to do.

If you wish to obtain your own patent, you should consult with a patent attorney or patent agent.

[spoki68]

an agent is different in what way?
assuming there is no one else approximate
the cost for renewal of an avg pat.
yes I know every one is different but
Im looking for an approx dollar amt for
representation

[divgradcurl]

Agents are non-attorneys who are licensed to practice before the patent office. From a patent preparation standpoint, patent agents and patent attorneys can both do the same thing -- so you go with whoever is the best fit for you.

The cost to get a patent will depend on a lot of factors -- the complexity of the technology in question, the scope of your invention, your geographical region, agent v. attorney, solo practitioner v. law firm, etc. It's hard to give a good estimate -- but it could be anywhere from $4,000 to well over $10,000.

What do you mean by "renewal?"

[spoki68]

Bad choice of words, I meant revision. or improvement.
Next question Knowing that the only existing information (to me) is about to
expire, what is the best way to convey my situation to an agent or attorney?
I may not even need a patent on the other hand someone might be in the process of improvement. is that a researchable issue for me on my own? I can understand the expense for processing the actual improved patent but to expedite some leg work I would like to research myself.

time running out

[divgradcurl]

I am sorry, but I can't understand what you are asking here. Can you phrase the question in another way?

[spoki68]

sorry, if I just go ahead with my product and begin selling it after the patent has expired, would i then be infinging on someone who is in the process at this time of reinventing and patenting it.

[divgradcurl]

Originally Posted by spoki68

sorry, if I just go ahead with my product and begin selling it after the patent has expired, would i then be infinging on someone who is in the process at this time of reinventing and patenting it.

You can't "reinvent" something -- once a patent has been issued, another patent can not be issued for the same invention -- because it's no longer as "invention," it's already known.

Someone could potentially be trying to create and/or patent an improvement or extension to the existing invention, but their patent would only cover the improved or extended product, not the original invention.

Once a patent expires, anyone if free to build or use the invention described in the expired patent.