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Registering a Patent

Where to start?

What is a Patent?

A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.

The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO. There are three types of patents:

Utility Patents

May be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.

Design Patents

May be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

Plant Patents

May be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

Do I Need a Patent Attorney?

Yes! The Patent Application Preparation and Prosecution is Difficult. 

The preparation, filing, and prosecution of a successful United States non-provisional patent application can be one of the most difficult legal steps in transforming your brilliant idea into a successful and beneficial commercial product and the cost of a patent application can vary depending on strategy employed in the preparation and prosecution of the patent application.

As part of the process, the inventor must fully disclose the invention and the application must include:

  1. A written document which comprises a specification (description and claims);
  2. Drawings (when necessary);
  3. An oath or declaration;
  4. and Filing, search, and examination fees.

The patent specifications and claims – especially if the invention is complicated – are some of the most complicated legal documents to develop with accuracy. A poorly written and inadequate patent application will in the long run likely be more costly to prosecute to a grant of patent than the cost of preparing

US Patent Registration Pricing

*USPTO Fees not included

Other Pricing Options

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Response to Office Action

Response to Non-Final Office Action* – $1,750

Response to Final Office Action (RCE)* – $1,950

*Strongly recommend using a Registered Patent Attorney for office actions regarding 101, 102, or 103 rejections.

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DIY Patent Assistance Program

Claim Review and Analysis $1,000

Application Review and Analysis $2,000

Attorney Drafted Claim Set $2,500

Understanding Patents

What is patent law? What can be patented? What are the advantages and disadvantages of the provisional patent application?

Patent Law

A patent allows you to profit from your idea.  It gives you the legal right to prevent others from using your idea unless they first obtain your permission and either buy the patent from you or pay you an ongoing licensing fee or royalty payment.

By filing for a patent, you document ownership of an idea similar to the way a “title” does for a car or a “deed” does for real estate.  Like other forms of property, patents are valuable assets and can be bought, sold, leased, used as collateral for loans, and even inherited.

What Can Be Patented?

The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained.

In the language of the statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law. The word “process” is defined by law as a process, act, or method, and primarily includes industrial or technical processes. The term “machine” used in the statute needs no explanation. The term “manufacture” refers to articles that are made, and includes all manufactured articles. The term “composition of matter” relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.

Why is the Patent Application Preparation and Prosecution Difficult?

  1. The patent specification is a written description of the invention and of the manner and process of making and using the same. The specification must be in such full, clear, concise and exact terms that any person skilled in the art or science to which the invention pertains could understand how to make and use the same.
  2. Patent drawing sheets must include technical drawings of the patent invention prepared in precise format required by the Rules of the USPTO. The patent drawings must show every feature of the invention specified in the patent claims.
  3. Patent claims use a long-established formal style and precise terminology to set out the metes and bounds of the patent right for which the inventor desires protection. A USPTO Examiner compares the invention described by the claims to previous patents and technical literature to determine whether a patent should be granted.
  4. Applications are assigned to examiners who are experts in various fields of technology. The procedure is a lengthy rule-driven process that usually takes about two years. If the USPTO Examiner objects to the structure or breadth of the patent claims due to examination rules or previous patents and technical literature, an examination report is issued which contains the Examiner’s objections. The objections must be overcome by argument or amendment of the claims before the patent application can further proceed toward a grant of patent.
  5. Once all the objections raised by the Examiner have been met, then a United States grant of patent can issue provided no third party opposes the grant of patent. The grant of patent is enforceable from the issue date. Unclaimed or claimed inventions which are not brought to a grant of patent enter the public domain.

How long does a utility patent last?

A utility patent lasts for 20 years from the date the patent application was filed. If the inventor first files a Provisional Application for Patent and then has a corresponding Non-Provisional Utility Patent Application granted, his or her patent protection will last for 21 years from the date the Provisional Application was filed. Patent and Trademark Attorneys can assist you with a Provisional Application as well as a Non-Provisional Utility Patent Application.

Provisional Patent Application

A United States provisional patent application is a simplified lesser-cost United States patent application filed with the United States Patent and Trademark Office (USPTO) to obtain provisional patent rights.

A provisional patent application allows an inventor to obtain an official filing date from the USPTO without a formal patent claim, oath or declaration, or any prior art disclosure statement. The provisional patent application does not have to be filed in the English language.

\Accordingly, preparing and filing a United States provisional patent application can be relatively inexpensive in comparison to a non-provisional patent application.

Non-Provisional Patent Application

A United States non-provisional utility patent application for patent is filed with the United States Patent and Trademark Office (USPTO) to obtain a patent issued by the U.S. government. This gives the inventor the right to exclude others from making, using or selling the invention within the United States.

Commercial success or failure of new technology is often determined by the way in which patent rights are managed from the outset of development. Careful consideration of how to obtain commercially meaningful patent rights during invention development is paramount to ensuring that opportunities to turn ideas into commercially valuable assets are not overlooked.

Patent strategy thoughtfully coordinated with commercial goals can result in patent rights that provide the legal protection necessary to commercialize an idea. The patent granted can provide a legal monopoly that prevents others from making, using, or selling the invention for a period of time sufficient to allow for recovery of developmental costs toward commercialization.

What do I Need to Know About USPTO

In order for an invention to be patentable it must be new as defined in the patent law, which provides that an invention…

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