How long is my United States Patent Valid?

Posted by admin on November 11, 2009 - (0)

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.

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Should I file my own patent application?

Posted by admin on November 11, 2009 - (0)

Patent applications are one of the most complex of legal documents and always need an attorney. However, there are some stages in the process of patent application where the role of the attorney can be done away with if the individual so chooses.

Below is an outline of the various stages of patent application along with details of the role of the attorney in each.

Patentability search
This is the first stage wherein it needs to be verified whether the object/process is patentable or not. This is usually done by an attorney, but individuals can carry out the searches themselves, thus saving on some expenses. Individuals can also do away with this stage and directly apply although that is not a very favourable option, as the patent application process is relatively expensive and it would be wiser to verify before the applying.

Filing the patent application
If the verification yields positive results, the individual can go ahead and file an application with the USPTO. This would require 2-3 informal patent drawings.

Description
Once the application is readied, a detailed description has to be prepared to submit with the application. This is an extremely important and difficult task and must necessarily be handled by a registered patent attorney (a list of such attorneys is available with the USPTO).

Once this document is ready, it has to be submitted to the USPTO, preferably through Express Mail for a filing receipt.

Prosecution of application
In this stage, Official Actions are issued by the USPTO, each of which requires an amendment to the application. There may be 2-3 such Actions issued. An attorney takes care of this paperwork. Once this is done, a Notice of Allowance is issued.

Issuance of patent
Once the Notice is issued, formal drawings have to be prepared from the earlier informal ones. These have to be submitted along with an Issue fee to the USPTO. Here too, an attorney is needed to finalise documents and submit the final application

Maintenance fees
This is the amount to be paid through the validity period of the patent, which is 20 years, to maintain the patent. This may or may not necessitate the involvement of an attorney.

Except for the first stage of preliminary searches, an attorney plays an important role throughout the application process and is indispensable.

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USA Patent Application and Cost…Simplified

Posted by admin on November 11, 2009 - (0)

There is no fixed cost for obtaining a US patent, but it may range anywhere between $5000 to $10000, depending on the searches and other uncertainities in the process of filing and obtaining a patent.
There is nothing called a patent application form. Rather, it is one of the most complex of legal documents that an attorney prepares. One can get an idea of that by taking a look at issued patents through search engines. Issued patents are just composed versions of patent applications which include modifications made to the initial application as well.

Below is a break-up of the stages of application and costs incurred at various stages of patenting, all of which together can take 24-36 months for completion.

Patentability search
This is a preliminary search to verify if the process/object is patentable. This can cost about $650 to $1000 if an attorney is approached, or the individual can perform the search themselves. Although a bit expensive, it is a good option to go for it before filing a patent application, given the expenses involved in the process.

Filing the patent application
If the search results are positive, one can go ahead and prepare a patent application for filing with the USPTO. Generally, a patent application needs 2-3 informal patent drawings, which can cost upto $150 per sheet, bringing the cost to $300-$450.

Description
Once the application is ready, a detailed description has to be prepared for submission aong with the application. This is an extremely difficult task and must be done by a registered patent attorney (a list of such attorneys can be found with the USPTO). Fees for simple applications range between $3500 to $4500, while more complex applications, like those related to electrical circuits, computers and software systems, are in the higher range, costing anywhere between $5000 to $7000.

Once this application is ready, it has to be filed with the USPTO which charges a filing fee of $355. Sending the application through Express Mail ($15) is preferable to obtain a filing receipt.

Prosecution of application
This is a stage where about 2-3 Official Actions are issued by the USPTO, each of which necessitates an amendment in the application. Depending on the degree of complexity of the suggested amendment, the attorney may charge anything between $800 to $2000, bringing the cost of prosecution to $1600-$6000.
On completion of this phase, a Notice of Allowance is issued.

Issuance of patent
The next stage is preparing formal drawings from the earlier informal ones, which can cost about $125-$150 per sheet, and ten extra copies of these can be obtained for an additional cost of $40. The USPTO also charges an Issue fee of about $685. The attorney would charge an approximate of $200-$300 for the finalisation of documents and their submission.

Maintenance fees
Lastly, once the patent is issued, the individual needs to pay some amount for the maintenance of the patent through its validity of 20 years from the date of application. These charges range from $2995 to $5790, depending on the classification of the patent as a small or large entity.

This is the cost break-up for obtaining a United States Patent. For patents in other countries, an additional cost of about $2000 per country patent has to be incurred.
Patenting, thus, is an expensive and time consuming process.

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