If you have created an invention, new process, new design or new plant, you need to protect it against intellectual property theft with a patent. A patent is a form of intellectual property and will enable you to keep the rights and control of the financial benefits of your idea. Your protect-able invention needs to be described in detail so that any technical person can understand how to build it and how to use the invention. Once your invention is described in detail you are ready to file a patent application. The patent process should start with a patent search in order to get a realistic idea whether your invention can be protected or not. It is recommended to have a professional patent search done for you. You can use the services of a specialized patent attorney through Intellectual Pats. A professional patent search will uncover anything that needs to be considered during the drafting stage of a patent application It is important to go through the research stage before deciding to apply for a patent because of the high cost to patent an idea. Remember, keep your idea secret!
Fees Associated with Patents
After you get past the patent search stage and have decided to move forward, you may consider filing a provisional patent application. The fee to the United States Patent & Trademark Office (“USPTO”) for provisional patent applications for a small entity with less than 500 employees, is currently $130 and for micro-entities is just $65. Your provisional patent application needs to describe your invention. You will have a “patent pending” the moment you file a provisional patent application. If you file a provisional patent, you must file a non provisional patent application within 12 months of your filing date. In order to start the non-provisional patent process you will have to file a non-provisional patent application with the USPTO. You also have the option of filing an International Application.
Once your non-provisional patent application is filed, it will go for preliminary review by the Patent Office. A specialized patent attorney such as used by Intellectual Pats, can help you prepare the documentation and file your patent application. If your non-provisional patent application is missing some required material, your attorney will receive a notice that will explain what must be submitted and when.
For the privilege of this later filing you will have to pay an extra fee. Once you pay the fee and the patent application is complete, the next step in the process is waiting for the examiner to determine whether you have a single invention or multiple inventions present in your application. The US Patent Office only allows you to file for a single invention patent in each application.
Your patent application is ready at this point to enter the examination phase. How quickly you will have the examiner reviewing the application varies depending upon the invention complexity. In some cases it could take as long as three years. For a design patent application it can take between six and eight months. For a non provisional patent application it takes in average 12 to 18 months, or even longer.
Another cost for almost all patent applications is the requirement for formal illustrations (patent drawings). Unless you know how to provide professional illustrations that meet the USPTO regulations, you should plan on spending around $300 to $1,000 to have the formal illustrations done by a professional who is familiar with patent illustration drawings.
Lawyer costs for drafting a provisional patent application can average around $1,000 to 2,000 and for a non-provisional patent can average $8,000 or much more depending on the complexity. Learn more regarding patent application fees.
How a Patent Lawyer Can Save You Money
In the case that you need a quicker review of your patent application, you can use the acceleration program offered by the USPTO where you are able to get a patent decision within six months. The additional fee for being included in the acceleration program is $2,000 for small entities. You also can expect to pay an additional charge of $500 to $1,000 in order to prepare the request. A patent attorney will handle all of the aforementioned requirements for you. This will enable you to focus on perfecting your ideas and/or developing your process. Imagine researching intellectual property laws for countless hours, taking months to submit a patent application just to have your application denied.
Intellectual Pats has registered patent attorneys who have substantial experience with intellectual property law. A patent lawyer will boost the chances of your application being granted a patent. Fill out the form on this page or call us today to schedule your FREE 15 minute consultation with a licensed attorney who will work to give you all the help you need.