How long is my United States Patent Valid?
By admin in Copyrights and Patents on November 11th, 2009
Getting a patent in the US is a complex, time consuming and expensive process. Once a patent is acquired, it is valid for a period of 20 years. During this time period, it has to be maintained by payment of charges at regular intervals to the USPTO. Maintenance fees could range from $2995 to $5790, depending on classification as a small or large entity.
Below are listed the stages in getting a patent, all of which require an attorney.
- Patentability search: A search to verify if the object/process in question is patentable or not with or without the help of an attorney.
- Filing the patent application: Preparing 2-3 informal patent drawings for submission.
- Description: Preparing a detailed description for submission along with the application with the help of an attorney, which is then mailed to the USPTO by Express Mail.
- Prosecution of application: Official Actions are issued by the USPTO, each requiring an amendment to the application, with the help of an attorney. A Notice of Allowance is then issued.
- Issuance of patent: Formal patent drwaings are prepared which are submitted to the USPTO with an Issue fee. Documents are finalised and submitted by an attorney.
- Maintenance fees: Once issued, a patent is valid for 20 years from the date of application and requires some amount to be paid to the USPTO for its maintenance.
The cost of the entire process of getting a United States Patent could range anywhere between $5000 to $10000 and take about 24-36 months from start to finish. Patent applications are one of the most complex of legal documents and role of an attorney is indispensable almost throughout the process.