General Patent Information
Design Patent Applications vs. Utility Patent Applications
There are two types of patent applications – Design Patent Applications and Utility Patent Applications. A Design Patent protects the way a device looks. The design of a vehicle wheel is a common example of a type of design that can be protected with a Design Patent. A Utility Patent protects the way a device or method functions. Common examples of devices or methods that can be protected with a Utility Patent are computer applications, medical equipment, and baby or pet care related devices.
Provisional Patent Applications vs. Nonprovisional Patent Applications
Further, there are two types of Utility Patent Applications – Nonprovisonal (formal) Patent Applications and Provisional Patent Applications. A Provisional Patent Application, when submitted to the United States Patent and Trademark Office, secures a quick filing date (your place in the patent “line”) for an inventor’s technology but will not be examined by the Patent Office unless it is converted to a Nonprovisional Patent Application. Provisional Patent Applications are significantly less expensive and can be modified (before the filing of the Nonprovisonal Patent Application) which make them valuable to inventors who are still raising capital and/or developing their device. Nonprovisional Patent Applications cannot be substantively modified but will eventually be examined by a Patent Examiner and, if approved, become an official Patent.
Only Inventors themselves or attorneys registered to practice before the United States Patent and Trademark Office can prepare and submit such an application for an inventor.
You should thus make sure that the attorney you choose to deal with in such an endeavor is registered by the United States Patent and Trademark Office to handle your patent application.
Scam Warning: Be wary of “inventor services” who claim they will prepare and file a patent application and manufacture and market your idea. These companies always want large up-front fees, prepare patent applications will little to no legal merit and never fulfill their “promises”. Such firms have been exposed by several new outlets as nothing more than the latest scam against consumers. Additional information is available in other sections of this home page.
Application Preparation
Preparation of your patent application is a fairly complicated matter. Your application must adhere to certain criteria and standards of the United States Patent and Trademark Office. Your Patent Attorney is aware of these requirements and in discussing your invention with you, will put your application in a proper format for submission. Your patent attorney will also use his experience and best efforts to broaden the scope of your invention.
Preparation will include the drafting of formal descriptions of the best mode or version of your invention, specifications on how it is built and/or operates, and claims as to the uniqueness of the invention. Formal Patent Office drawings will also be prepared by a Patent Draftsperson. These drawings must meet highly specific Patent Office requirements.
Be forthcoming. Normally, the inventor knows his or her area of expertise much better than the Patent Attorney. Consequently, preparation of your Patent Application will generally include one or two drafts for your review and correction. One-on-one interviews by phone or in person are also important, as your Patent Attorney will generally ask you questions intended to lead to information that is important to your patent.
A well trained and certified Patent Attorney’s job is to take your idea and draft the best application with the broadest claims possible. This involves a little detective work on the part of the Attorney, and you should not be insulted if you are asked what you consider “dumb” questions. There is no such thing as a “dumb question” by you or by your Attorney. Answer anything you can, if asked, and do not be afraid to disclose any and all information about your patent idea, no matter how small or inconsequential you may feel it is. Your job is to educate your Patent Attorney on your idea. The Attorney’s job is to listen, question, and write.
Time to Complete Patent Application
The average time to complete the Patent Application process from start to finish is approximately 18 – 30 months. During that time, your application is submitted to a Patent Examiner at the Patent Office who does his own patent search looking for similar inventions. Once this is done, the Patent Examiner will review your application and compare it to patents found in his search as well as general engineering principals and his personal experience in your area of art. The examiner will contact your Patent Attorney with formal requests for changes in your application or reasons why the Examiner feels your application does not deserve a patent.
If your Patent Attorney can satisfy the Examiner’s inquiries and requests, your patent will be allowed, and you will be required to pay an issuance fee to the Patent Office. During the 20 year term of the patent, other fees will be due to keeping it in force, which is described below.
Government Fees
For small inventors, the basic fee for filing an application for a utility patent ranges from $364 to $680, dependent on whether or not the applicant is entitled to status as a Micro Entity or status as a Small Entity. Factors including number of previous patent applications and gross income determine an inventor’s entity status.
Issue Fees (charged by the Patent Office if your patent application is approved) for utility patents range from $128.00 to $480.00.
Maintenance Fees are due at 3 1/2, 7 1/2 and 11 1/2 years from the date the utility patent is granted.
Applications are assigned to Examiners who are experts in various fields of technology. They research previous patents and technical literature to determine whether a patent should be granted.
Legal Fees
Legal fees for the prosecution of a simple patent generally run in the area of $7,000 – $12000 depending upon the complexity of the idea, and sometimes, where you live. Some law firms will work on a flat fee basis, including all costs and legal fees. Others will work on an hourly basis. By the time you have a patent application which is filed, you can expect to have spent from $2500 to $6000 on the application itself. This does not include any office actions or the base issue fee the government charges, if your patent issues.
Our office specializes in small inventor Patent Applications. We find that the most interesting and novel technology we encounter is from small companies or single inventors.
Lump Sum Pricing and No Hidden Fees
The American Patent & Trademark Law Center offers small businesses and inventors a “lump sum” price for the preparation of most patent applications and subsequently prepared documents. The total initial charge, including everything (patent office application fee, drafting fees for the patent draftsman, attorney’s fees for the preparation of the patent) is generally between$2600 and $6200 depending on whether a Provisional Patent Application or a Nonprovisional Patent Application is filed. There are no hidden charges or surprise bills. Additionally, we do not charge for quick phone calls or email inquiries.
This price does not include the subsequent office action which will occur about 12 to 18 months later, which generally requires some form of amendment costing $700 to $2500. The reason we don’t charge for this up front is simple, we don’t know if it will happen or how extensive it might be. The Patent Examiner determines this based on his or her subjective review of your invention.
Free Consultation with a San Diego Patent Attorney
As a benefit to small inventors, we offer a free consultation regarding your idea in our office, by
Your next step, at this point, is to have a patent search performed to ascertain if any prior patents would inhibit or prevent you from being granted a patent for your idea. We hesitate to file a patent application for a client if we do not feel it will eventually be successful. While this may cost us legal fees from potential clients, we find that more than one grateful inventor-to-be returns a second time. Apparently, not everyone in this business will turn away a potential paying client. However, we have found that people appreciate being told if we do not feel their idea has patentable subject matter.
Should you wish to discuss your idea in person, please feel free to contact Donn Harms at our Office at (858) 509-1400.