Applying For A Patent
How should I prepare for the patent application process?
Prior to filing a patent application an applicant must prove, or must at least sign a declaration, that he is the true inventor of his idea and that his invention hasn't been in use or for sale. There is a whole host of statutory bars but primarily if you have been using your invention for a year prior to filing your invention or prior to filing the patent for it, you can actually bar yourself from obtaining a patent application.
How do I apply for a patent?
To apply for a patent, you first seek a patent attorney. You consult with him, and he may do a search or he may not. It's not mandatory but it is recommended. From there he'll advise you whether or not a patent has already been obtained for it. Thereafter he drafts the patent application. You disclose for him what the invention is and he'll draft the application, the body of the application, the claims and obtain drawings. You pay the fee and the patent is filed.
How much does it cost to obtain a patent?
If you want to know the filing fees to obtain a patent, you can find the prices at the U.S. Patent and Trademark Office. That's simply for filing the patent application. If you are going to hire an attorney to prepare the patent application for you, the prices will vary significantly depending on who you are going to. Generally, solo practitioners or smaller firms will have a little bit lower price. Larger firms will be more expensive. You can predict that prices will range anywhere from $1500.00 for a design patent, whereas utility patents will start at around $3000.00 and go onwards up to $10,000.00 depending on the complexity.
How long does it take to obtain a patent?
The time period to obtain a patent will vary significantly. You may be able to obtain design patents within a matter of months, whereas utility patents take a little bit longer. I would expect at least one year until the issuance of a patent, but sometimes, it may take years.
What are some advantages of applying for a patent?
There's many advantages for applying for a patent. The number one advantage for applying for a patent though, is that you will retain the intellectual property rights of your invention. What that means is, if someone else is potentially infringing, or is going to infringe on your patent, you have the enforcement rights to give them notice that they are infringing on your patent. You do that either by suing them in a lawsuit in federal court, or you can send them a cease and desist letter.
What are some disadvantages of applying for a patent?
With the disadvantages of applying for a patent, as far as I'm concerned, I don't see too many. However, the patent process may be costly. It is something that you have to be committed to. It does take a period of time and sometimes it is frustrating, but in the end applying for a patent is definitely worth it.
