Patent Question...??

Question

If a filed for a patent in September of 2008, how long would I be protected for? And are there different types of patents? My main question is, for how long would I be the only one legally allowed to sell this product or service? I've heard that some patents protect you for nine years and I've heard of others that are up to 17? Anyone with knowledge or experience in this field please tell me what you know.

An example, if I have an idea for an internet company...Should I wait until the site is already built to file for a patent or should I file before even discussing my idea with web design companies?

And does the clock start ticking as soon after you file the patent or is it the date of your first sale? Meaning if you get protection and exclusive rights to your idea for 10 years...is this 10 years from the date you file the patent or 10 years from the date of your first sale? Patent experts help please! Thanks

Answer 1

In the U.S. at a minimum, assuming you actually get the patent and pay the maintenance fees, you will be protected until September 2028 (twenty years from the filing date).  In addition, if the patent office takes longer than it is supposed to (and it almost always does) the patent term will be extended by some number of days (300-500 are not uncommon).

You should file when you can explain how to make and use the invention so that one of ordinary skill in the art could make and use the invention without undue experimentation.

If you dont know how to make and use the invention, then you didnt invent it.  If the web designer figures out how to make and use the invention, then, at a minimum, the web designer is a co-inventor.