As in any area of law, patent law has its share of common patent myths.  To ensure that your inventions are protected and that you are not mislead by such myths, we explore 5 of them below.  If you have heard any of these myths, you are not alone.  They confuse many inventors.

MYTH:  There are special “international” patents to protect your invention all over the world.

FACT:  In fact, there are no “international” patents.  U.S. patents can only be enforced nationally. 

This common myth stems from the existence of the Patent Cooperation Treaty.  The Patent Cooperation Treaty includes 142 countries world-wide.  This means, that through this treaty, your patent can be enforced in these 142 countries if you have a patent from one of these countries such as the United States.

Products that violate a patent are not admitted to any of these 142 countries.  It is part of the customs and trades offices of each country to keep violating products out.  If a product violates your patent and is missed by the customs and trade offices of a country, you can sue the importer and the seller.

You, as the inventor are responsible for enforcing your own patent, both nationally and internationally.

MYTH:  Patent illustrations are protected under your product’s patent.

FACT:  The fact is that the only the language in the patent claim section affords patent protection.

You can seek copyright protection for the graphics that you submit with your patent application.

In addition, you can apply for a separate design patent (and gain 14 years of patent protection) for a specific design such as for the design for Star Wars’ characters, designer eye glasses, and the original Coca-Cola bottle.

MYTH:  There are provisional patents which protect inventions.

FACT:  In fact, there is no such thing as a “provisional patent.”  

The confusion stems from the fact that there is a provisional patent application. 

When you see the term “patent pending,” a provisional patent application has been filed.  It contains much less detail and does NOT provide patent protection rights.  It does however establish the patent filing date.

Patent pending status is valid for 12 months only.  The actual patent application must then be filed before the 12 months expires.

Often inventors use the 12 month period to put the final touches on a product or to test the market for their product.

 MYTH:  Your patent will be enforced by the United States Patent Trademark Office.

FACT:  You, as the patent holder, have the sole authority and responsibility for enforcing your patents. 

The patent issued by the United States Patent and Trademark Office merely serves as evidence of patent violation in a court of law. 

MYTH:  Within the biopharmaceutical market, there is a patent cliff. 

FACT:  Even as biopharmaceutical patents expire and generics enter the market, there are no patent cliffs.

Instead the experts describe a patent “plateau” as pharmaceutical companies’ revenues rise and fall each year or over a five year period due to patent expiration and the issuance of new patents.