The answer to the above question is simple. (8/8/22)
After patent issuance, USPTO (United States Patent Office), you have an 84% chance that at the request of a competitor, your patent is going to be INVALIDATED. The 84% number is official and comes from the USPTO division PTAB better known under the unofficial nickname “Death Squad for Patents.”
The reason? Big Tech. Companies do not wish to have competition.
If you consider that 75% (individual inventors) and 50% (in the case of moneyed Corporations) of patent applications will be rejected, please calculate the actual rate of your success as an inventor. It means that, statistically, you have to submit at least 26 applications to have one survive, and the actual patent issuance number by USPTO (after changing its mind regarding the validity of your patent after issuing it and then invalidating in its division PTAB) is not the 25% for individual Inventor but an abysmal 4%
4% under ONE CONDITION. Do not forget that after spending a substantial amount of money and time on the new technological development ( All the work, trials, Prototypes, lawyers, etc.), you must have in your war chest between $100,000 to $700,000 for each challenge upfront of the PTAB. There is no statuary limit to the number of the challenges. Without the MONEY, you are doomed as an individual with a stupid dream.
In addition, The Supreme Court, in their never-ending wisdom, decided to support BIG TECH, and they will not allow the issuance of patents in certain areas in direct defiance of the U.S. Constitution. So they issued several decisions in favor of corporations. Among them, they endorsed theft. (By eBay) That is why there is a vast number of technologies ineligible to receive patents in the U.S. (IN THE US ONLY)
You can have a patent issued abroad but not in the U.S.
Reason?
Big Tech does not wish to have competition.
If you somehow survive all of the above, you face that your patent, in reality, in the U.S., is not enforceable. Anybody can take your technology and start using it freely, not paying a dime. It is happening thanks to the power of “Efficient Infringement.“ It means that corporations are keenly aware that the cost of pursuing infringers in U.S. courts comes to millions and years of effort, and very few individuals and startups can afford that.
In the meantime, no investor will touch you with the most extended pole. If you’re producing your invention yourself, do not worry. Chinese and big domestic infringers will start selling unauthorized copies on AMAZON before you start your production, undercutting your product’s price, quality, and safety. (And you are liable for the inferior quality/dangerous copies because this is your product)
Hello, are you Still There?
Go to China. Intellectual property offices will enforce your Chinese patent rights at no cost to you. And the fact is that China has already surpassed the U.S. in many areas thanks to the wise judges of the U.S. Supreme Court barring software, Computer related patents.
Remember You do not have to go to China to have your US patent “invalidated” by the Chinese Competitor in PTAB.
Oh, you do not like Communism?!!
Then file through WIPO.
Among your options, you will find “Industrial Design registration,” allowing you to register your I.P. intellectual property rights at an instant in up to 99 countries and up to 25 years in one single application.
In the E.U. (27 countries), One of my friends paid for six designs, with two illustrations each $1700, and registered within a week. And they tread I.P. seriously. Based on “Industrial design registration,” you may obtain institutional financing, investors, etc. Compare it to a few years-long, expensive efforts in the USPTO.
Just do not make a mistake, including in your registration the U.S.
Outside of the U.S., in 99 countries in one application, you can include up to 100 designs at around 10k.
The USPTO will divide your single application into separate ones, charge you about $600 for each, and process it as a design patent.
For 100 designs, it makes a total of 60,000 to start compared to 10k for the rest of the Hague system participants.
Plus, you will wait at least two years before they will take a look and most likely reject most of them for procedural reasons.
For exact numbers, check respective websites.
If you want the existing change situation and go back to U.S. patent golden standard before the 2011 AIA legislation support H.R. 5874
and please $upport accurate Inventor representation by U.S. Inventors