Monday, March 24th
The Patent Application Process
Filing for a patent the first time involves a large learning curve. If you understand each step, at a generic level, you're more likely to feel in control and less surprised with the requirements along the way.
- The first step before filing for a patent on your invention involves determining if anyone else currently owns or is attempting to get approval on the same or similar idea. A website exists to help you with the process at the US Patent and Trademark Office. It will take some time to categorize your product or idea to aid in a full search of any existing patents.
- Determine what type of patent you're filing. 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. In common language, a utility patent serves to protect how a product works and a design patent protects how a products looks. A plant patent is for the invention of any new variety of plants.
- Identify if you'll file in the US or internationally. Monitoring and policing non US companies can be much more challenging for many product types. Also, taking legal action against less than legitimate non US companies can expensive and less effective.
- Choose to file a provisional or non-provisional application. A provisional application typically provides protection while a new product is still being finalized and not yet ready for production or sale. This generally gives a company 1 year to finish their efforts and start a non provisional application. Non provisional applications are for products, ideas, processes, etc that are ready for sale or already on the market.
- Determine if you want to expedite the application process. This can be a good idea if you're patenting a similar product or concept to one that was recently filed.
- Identify if you're going to file yourself or hire an attorney to do this step for you. Doing the process yourself can save significant money over the alternative. Applications may be filed electronically. You may prepare by identifying the cost of a patent as well as obtain a customer number and digital certificate - if you plan to file yourself.
- You may apply electronically and check the progress of the application online. The finalization of an application can take years. If a patent is rejected, a user can contest for a reconsideration.
- If the patent is approved - applicant pays the issue and publication fees. As well as subsequent maintenance fees approximately every 3 years.
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.
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