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Patentability Searches
A patentability search is a
research of the USPTO records of what has already been
patented. Completing a patentability search is
recommended prior to moving forward with a patent
application. While you, the inventor, may have found
that there are no products like your invention on the
market, that does not ensure that your invention has not
already been patented.
The benefits of a patentability
search are twofold: 1) An inventor reduces the risk of
expending effort and money on a patent application for
an invention that is not un-patentable, and 2) The
search results will aid the preparer of a patent
application in emphasizing the true novelty of the
invention.
Following the completion of a
patentability search, I will provide you with a report
detailing the results of the search that I have
performed as well an opinion of whether or not I believe
it is advisable to move forward with a patent
application.
Utility Patents
A Utility Patent is issued for the
invention of a new and useful process, machine,
manufacture, or composition of matter, or an improvement
over an existing invention. This is the traditional
Intellectual Property that most people envision when
they think of a patent. Approximately 90% of patents
issued by the USPTO are classified as utility patents.
The flat fee utility patent package
that I offer includes drafting and submitting a utility
patent application. In addition to submitting a patent
application, there will likely be additional fees
required to draft responses to USPTO “Actions” that
arise during the prosecution of the patent, where the
examiner may question the patentability of the
invention.
A utility patent will provide
patent protection for 20 years from the filing date.
During the life of the patent, the USPTO will require
additional maintenance fees.
Design Patents
A Design Patent is issued for a
new, original, and ornamental design embodied in or
applied to an article of manufacture. Examples of design
patents would include a pair of eyeglasses or the
exterior design of your cell phone.
The flat fee design patent package
that I offer includes drafting and submitting a design
patent application. In addition to submitting a patent
application, there will likely be additional fees
required to draft responses to USPTO “Actions” that
arise during the prosecution of the patent, where the
examiner may question the patentability of the
invention.
A utility patent will provide
patent protection for 14 years from the issue date.
During the life of the patent, the USPTO will not
require any maintenance fees.
Provisional Patents
A provisional patent is a patent
application that is submitted without any claims, which
acts as a 1 year placeholder in at the USPTO. As
discussed earlier, selling and marketing a product
before a patent application has been submitted can lead
to the inability of an inventor to later acquire patent
protections for that invention. Filing a provisional
patent resolves this concern for 1 year, while the
inventor determines whether or not the product is
marketable and profitable.
The benefit of a provisional patent is that the legal
fees and application fees are significantly less than
that of a utility patent application. Additionally,
much of the legal work required to draft a provisional
patent application can be reused during the drafting of
a patent application. For this reason, if you submit a
provisional patent application with me, and later wish
to move forward with a standard patent application, 75%
of the provisional application legal fees can be applied
to the fees for drafting a standard application. |
