Tuesday, March 18th
The Facts Behind a Patent
If you believe you've invented both a unique and useful idea you may be considering whether it's necessary to obtain a patent. A patent is the only method of protecting your invention financially but may not be as easy and quick as one might like.
Here is a basic overview of a patent, obtaining a patent and the benefits to consider before moving forward:
- A patent serves to block others from illegally making, selling or capitalizing on your business method, machine, product or intellectual property. Typically the term of a patent is 20 years from the filing date or 14 years for a design patent.
- A patent only offers protection within the US and only if you catch someone else using your idea. It essentially gives the owner the right to file and recover damages against anyone that uses your invention without asking permission. But, doesn't stop someone from trying to.
- You are not required to have a patent to create, produce and sell a product. However, someone else can come along and duplicate your efforts, obtain a patent and put you out of business.
- Many companies each year are strictly in the business of filing for patents to legitimately file suit, and financially gain, from those companies that haven't taken the time to legally protect their product.
- There are three kinds of patents that may be filed. A utility patent is the most common patent and is used for an invention of a new and useful process, product or matter. A design patent is for a new and original industrial right. A plant patent is for the invention of any new variety of plants.
- Before filing for a patent you must determine if your idea is novel. This means you can prove your idea is different from any other similar idea in an important manner.
- A patent requires several legal documents and can be expensive to apply for. Once obtained, maintenance fees exist for keeping a patent active. If you don't pay those fees your invention will go unprotected.
- Performing a patent search, prior to development may save you significant time and money from creating an invention under an existing patent. Search may be performed online for more current years.
- A provisional patent may be filed during the finalization of a new design. This provides protection for approximately one year before another company may come in and file for a patent on the same idea.
In some cases the cost and time associated with patenting a product may not cover the revenue potential if the product is a unique to a small segment industry. If you have further questions about whether you should obtain protection, many patent attorneys are available to assist.
Patent Application Service FAQ
A patent gives you rights to an invention for a certain period of time. It prevents other people from "making, using, offering for sale, or selling the invention...or importing it into the United States” once the patent has been publicly disclosed. A patent has to be granted by the United States Patent and Trademark Office to be legal and valid.
There are two types of patents: utility and design. Utility patents can be granted for a process, machine, article of manufacture, composition of matter or any improvement of those things that is "new, nonobvious and useful”. Design patents cover how an invention looks, not how it works. You can't get a patent for a physical phenomenon, abstract idea, laws of nature, or inventions which are "offensive to public morality”.
Copyrights cover literary, dramatic, musical and artistic works. Trademarks protect words, phrases, symbols or designs that differentiate goods and services. Patents generally relate to inventions rather than anything covered by a trademark or copyright.
The USPTO charges $320 for the filing fee on a utility patent and $220 for a design patent. However, there's a long list of additional fees that may or may not apply to your application; you can find that list on the USPTO website.
Brace yourself: according to the USPTO, the average timeframe is about 25 months. There are options for expediting the process and reducing the time to 6-12 months, but you'll pay upwards of $1000 for the rush job. And, if you've made any mistakes in your application, expect it to take longer.
It can be tricky to navigate the process of applying for a patent, and every misstep can cost you time and money. Patent application services can eliminate a lot of the guesswork and help you get it right the first time.
Not necessarily. You can get expert help for less than $200, plus the standard fees required by the USPTO. If you want concierge-level assistance, you'll probably pay closer to $700 from start to finish. There are also extra services like patent searches, patent valuation, professional illustrations and more that you can consider adding to your package.
You're not going to find a provider that guarantees your patent will be accepted (after all, this is the government we're ultimately dealing with here). However, many will provide a refund within the first 30 or 60 days of using the service, though your patent process won't be even close to complete within that timeframe. The best indicator of a reliable application service isn't a satisfaction guarantee - instead, look through the provider's site to see case studies of customer patents that were granted after using the service.
Compare Patent Application Services
Select any 2 Patent Application Services to compare them head to head
best-patent-application-services
Patent Application Service Articles
Trending Patent Application News
Related Patent Application Service Reviews
Since you're interested in Patent Application Services, here are some other reviews you might find interesting.
Newest Reviews
