Legal Definitions - in-force patent

An in-force patent refers to a patent that is currently valid, active, and legally enforceable. This means the patent owner holds the exclusive rights granted by the patent, such as the right to prevent others from making, using, selling, or importing the patented invention, because all necessary maintenance fees have been paid and its legal term has not yet expired.

Here are some examples illustrating an in-force patent:

• Example 1: Pharmaceutical Innovation

  A pharmaceutical company, MediCure Inc., develops a groundbreaking new drug compound for treating a specific type of cancer and successfully obtains a patent for it. For this patent to be an in-force patent, MediCure Inc. must ensure they pay all required maintenance fees to the patent office on schedule. As long as these fees are paid and the patent's term (typically 20 years from the filing date) has not expired, MediCure Inc. possesses the exclusive legal right to manufacture, sell, and license this specific drug compound, and can prevent other companies from producing generic versions without their authorization.

• Example 2: Software Technology

  CodeGen Solutions invents a unique algorithm that significantly improves data encryption speed and secures a patent for this technology. This patent remains an in-force patent as long as CodeGen Solutions continues to pay the periodic renewal fees. During this period, CodeGen Solutions can legally prevent competitors from incorporating their patented encryption algorithm into their own software products, thereby protecting their technological advantage and allowing them to license the technology exclusively.

• Example 3: Consumer Product Design

  An independent inventor, David, designs a novel, ergonomic handle for power tools that reduces user fatigue and obtains a utility patent for his invention. David's patent on the handle design is an in-force patent as long as he maintains its validity by paying the required fees throughout its term. This means he has the legal power to stop other power tool manufacturers from incorporating his specific patented handle design into their products, protecting his innovation and giving him control over its commercialization.