A paper patent is a type of patent given for an invention or discovery that has not been used commercially. It may have less legal protection than a patent granted for a device that is actually used in industry. Examiners may give less weight to a paper patent compared to one for an invention that has been commercially exploited, as it may indicate that the invention did not work as claimed.
A patent is granted for a discovery or invention that has not been commercially utilised. However, it may receive less legal protection compared to a patent granted for a device that is actively used in the industry. When used as a prior-art reference, a paper patent may hold less significance with examiners compared to one for an invention that has been commercially exploited. This is because a paper patent suggests that the invention may not have functioned as claimed. For instance, John invents a groundbreaking engine for automobiles but fails to build or sell it. Although his patent is granted, it is considered a paper patent since the invention was never commercially utilised. This example demonstrates how a paper patent is granted for an invention that has not been used commercially. Consequently, John’s patent may not carry as much weight with examiners since there is uncertainty regarding the functionality of the invention, given that it was never built or sold.
A paper patent is a document that provides legal protection for an invention or innovation. It is a written description of the invention, including its purpose, design, and function.
A paper patent is a type of utility patent that covers the design of an invention rather than its function. Utility patents cover the functional aspects of an invention, while design patents cover the ornamental or aesthetic aspects.
A paper patent provides legal protection for the design of an invention, preventing others from copying or using the design without permission. It also allows the inventor to license or sell the design to others for profit.
A paper patent lasts for 15 years from the date of issuance.
To apply for a paper patent, you must submit a written description of the design, along with drawings or photographs that illustrate the design. You must also pay a fee to the United States Patent and Trademark Office (USPTO).
Yes, you can apply for a paper patent even if you already have a utility patent. However, the design must be new and non-obvious, and it must not have been disclosed in the utility patent.
If someone infringes on your paper patent, you can take legal action to stop them from using or copying the design. You may also be entitled to damages for any profits they made from using the design.
Yes, you can license your paper patent to others for a fee. This allows them to use the design without infringing on your rights.
Yes, you can sell your paper patent to another party. This allows them to own the rights to the design and use it as they see fit.
While it is not required to have a lawyer to apply for a paper patent, it is recommended. A lawyer can help ensure that your application is complete and accurate, and can provide guidance on the legal aspects of the patent process.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/paper-patent/
- Modern Language Association (MLA):Paper Patent. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/paper-patent/.
- Chicago Manual of Style (CMS):Paper Patent. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/paper-patent/ (accessed: May 09 2024).
- American Psychological Association (APA):Paper Patent. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/paper-patent/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts