A patent is a right granted by the government that allows the inventor to exclude any other person from the manufacture, use or sale of the invention in the country that issued the patent. The government grants this right to help encourage inventors to spend the time, money and effort to invent new products, technologies and so on.
In the United States, the term of a new patent is 20 years from the date the patent application was filed or, in special cases, from the date a previous related application was filed, subject to payment of the maintenance fees. You can refer to this article for more information – http://www.bocaratontribune.com/bocaratonnews/2018/06/inventhelp-changing-world-business/.
When a patent expires, the invention enters the “public domain”, which allows any person to manufacture, use or sell the invention without permission or pay royalties to the inventor. The government demands that patents expire because otherwise a person can control an entire industry if that person was the first to conceive a type of product.
The patent law specifies the general field of matter that can be patented and the conditions under which a patent for an invention can be obtained. Any person who “invents or discovers any process, machine, manufacture or composition of new and useful material, or any new and useful improvement thereof, may obtain a patent”, subject to the conditions and requirements of the law.
For an invention to be patentable it must be new as defined in the patent law, which states that an invention can not be patented if: “(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention of the applicant by the patent, “or” (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or for sale in this country more than a year before the patent application.
If the invention has been described in a printed publication anywhere in the world, or if it has been in public use or for sale in this country before the date on which the applicant made his invention, a patent can not be obtained. If the invention has been described in a printed publication anywhere, or has been in public use or for sale in this country more than a year before the date on which a patent application is filed in this country, it can not be obtained a patent.
In this sense, it is irrelevant when the invention was made, or if the printed publication or public use was made by the inventor himself or by another person. If the inventor describes the invention in a printed publication or uses the invention publicly, or makes it available for sale, he must apply for a patent within one year, otherwise the right to a patent for an invention will be lost. However, the inventor must present the date of public use or disclosure to preserve patent rights in many foreign countries.
According to the law, only the inventor can apply for a patent for his invention, with certain exceptions. If the inventor is dead, the request can be presented by legal representatives, that is, the administrator or executor of the estate. If the inventor is crazy, the patent application of an invention can be made by a tutor. If an inventor refuses to apply for a patent for his inventions, or can not find it, a joint inventor or, if there is no joint inventor available, a person having a proprietary interest in the invention may submit an application on behalf of the inventor as a inventor signer. You can read more about it from https://blogs.ubc.ca/inventhelpreviews/.
If two or more people make an invention together, they apply for a patent as joint inventors. A person who makes only a financial contribution to the invention is not a joint inventor and can not join in the application as an inventor.