When does a patent enter the public domain?
A. when the patent has been challenged in court and found to be an infringement
B. when the patent term has expired
C. when the government deems that the invention cannot be controlled by one individual
D. when the invention is not a novel one
Answer B
Yes, B.
To determine when a patent enters the public domain, we need to understand the concept of a patent term. In general, a patent is a legal protection granted by the government to an inventor, giving them the exclusive right to use, sell, and profit from their invention for a certain period of time.
The correct answer is B - when the patent term has expired. Patents have a limited term, usually 20 years from the filing date. Once this term has expired, the patent enters the public domain, meaning the invention becomes freely available for anyone to use, reproduce, or benefit from without needing permission or paying royalties to the original inventor.
It's important to note that the expiration of the patent term alone does not necessarily mean the invention is no longer protected by other forms of intellectual property rights, such as copyright or trademarks, if applicable. Additionally, there could be other circumstances or legal proceedings that can affect the status of a patent, but the general rule is that a patent enters the public domain after its term has expired.