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	Patent FAQs What is a Patent? A United States patent for an invention is a property right given to the inventor(s) by the United States government. A patent allows the inventor(s) keep others from making, using, offering for sale, or selling the invention in the US, or from importing the invention into this country. The US grants utility patents, design patents, and plant patents. A utility patent may be granted for the invention or discovery of any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvements. Patents are not granted for physical laws or mathematical algorithms, or for other things and processes already found in nature. The current term for a US utility patent is twenty years from the date on which the patent's application was filed. A design patent may be granted for a new and original ornamental design for a manufactured article, such as a chair. While a utility patent protects the way an invention is used and works, a design patent protects the way it looks. It is sometimes possible to obtain both utility and design patents for different aspects of the same invention. The current term for a US design patent is fourteen years from the date on which the patent is granted. A plant patent may be granted for the invention or discovery and asexual reproduction of a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state. The patent, which lasts for 20 years from the date of filing the application, protects the inventor's right to exclude others from asexually reproducing, selling, or using the plant so reproduced. Means of asexual reproduction include cuttings, layering, budding, and grafting but do not include growth from a seed. back to top Who owns the patent? Patents are granted only in the name(s) of the actual inventor(s) who may sell or assign all or part of his or her interest in the patent application or patent to anyone by an assignment. The first to invent, not the first to file a patent application, is entitled to a patent. Patents can also be licensed exclusively or non-exclusively. back to top What is an Inventor’s Diary? An Inventor’s Diary can be used to document the steps in the development of your inention as they occur from initial conception to completion. It is not the first to file but the first to invent and you have to be able to prove it. In it you should write your name, address and phone; sign and date every page as you use it; provide an overall description of the invention and a details of each step in its development stating the purpose and how it works, its benefits and what problems your invention solves; make sketches or drawings; and have individuals witness, sign and date each page as soon after completion as possible. These witnesses should know and understand your invention. Remember, to have them sign the confidentiality agreement first. back to top Can I tell anyone else about my invention? The safest course of action is not to tell anyone about your invention except your patent attorney until you have filed a patent application. Patents are awarded only for inventions that are not already known to the public, so revealing your invention to anyone except your patent counsel could prevent you from ever obtaining a patent. The US gives you a one-year "grace period" between the date you disclose, attempt to sell, or sell your invention to the public and the date after which your invention can no longer be patented. However, most other countries offer no grace period, so disclosure can instantly terminate potential foreign patent rights in much of the world. Some inventors attempt to obtain financial backing or even sell their invention before filing a patent application. However, this can be risky and potentially subject you to lawsuits and loss of your right to patent your invention. You are in the strongest position if you have an application on file before you approach a potential buyer or licensee and make a disclosure about your invention. If you are in a hurry, a provisional patent application may allow you to file sooner and less expensively. back to top What is a provisional patent application? A provisional application is temporary filing with the US Patent Office to establish an early priority date. It is less expensive than a regular utility application and does not require claims, an oath, or formal drawings. The current USPTO filing fee for a provisional application is $80.00 for an independent inventor. It also entitles you to put "Patent Pending" on your invention and allows you to make disclosures about your invention after it is filed without loosing your patent rights. However, a provisional application by itself will not give you enforceable patent rights and to maintain the early priority date, a utility patent application must be filed within one year. The fact that you have filed a provisional application does not guarantee that you will be able to obtain a US patent. And, for the provisional application to be worth anything, your written description of your invention has to be just as complete as the description you would file with a utility application. back to top Can I protect my invention with a Disclosure Document filing? The Patent Office also provides an invention-recording alternative called a Disclosure Document Deposit Request (Form PTO/SB/95). If you send the completed form, ten dollars, and whatever invention description you currently have to the Patent Office, the Office will retain that description for two years after the date the Office receives your submission. THIS DOCUMENT DOES NOT GIVE YOU ANY PATENT PROTECTION, but it may help to establish your date of invention. If within those two years you have not referred to this Disclosure Document in a patent application, the Patent Office will destroy the document. back to top How long will it take to get a patent? For a utility patent, the whole process usually takes at least 12 months, more typically 18-24 months. However, patents for some areas of technology may take several years - it is difficult to predict. Currently, the patent office is experiencing a tremendous backlog. A US utility patent expires 20 years from the date on which the patent's application was originally filed. back to top How much will a US patent cost? The preparation fee for a basic utility patent application will vary considerably from patent to patent. After a patent search reveals the scope of the utility application, we will give you an estimate of the costs for the preparation and filing of an application. In addition, the Patent Office's minimum utility filing fee for a small entity is currently $500. Drawings might cost $300. Once a patent application is filed, the Patent Office may respond with up to three office actions. Each office action may contain one or more rejections or objections. In order to overcome rejections and objections and to continue to seek a patent, the applicant must make a complete response to each office action. Because an office action response may range in complexity from a trivial correction to many pages of carefully-researched legal arguments with extensive claim amendments, the resulting fees may vary from a few hundred dollars to several thousand. Our firm's policy is to review each office action and provide in advance an estimate of these costs for completing a response to the office action. The Patent Office generally requires a $300 fee for the publication of each application and if the Patent Office allows your application and decides to issue you a utility patent, you will have to pay an issue fee of $700. Finally, once you have a patent, the Patent Office will charge you a maintenance fee of $450 at 3.5 years, $1,150 at 7.5 years, and $1,900 at 11.5 years. If these payments are made in a timely manner, your utility patent will remain in effect for twenty years from the date your application was filed. No maintenance fees are required for a design patent. back to top What is the difference between a design patent and a utility patent? A design patent may be granted for a new, original and ornamental design for an article of manufacture, such as a hood ornament. While a utility patent protects the way an invention is used and works, a design patent protects the way it looks. It may be possible to obtain both utility and design patents for different aspects of the same invention. The current term for a US design patent is fourteen years from the date on which the patent is granted. A plant patent may be granted for the invention or discovery AND asexual reproduction of distinct, new plants other than a tuber or a plant found in the wild. Means of asexual reproduction include cuttings, layering, budding, and grafting but do not include growth from a seed. The current term for a US plant patent is twenty years from the date on which the patent's application was filed. back to top Why obtain a patent? A patent gives you a temporary monopoly on an invention. You can sue competitors who attempt to use the benefits of your inspiration and hard work, forcing them to stop making, using, selling, or offering to sell your invention. Under some circumstances you can also collect substantial monetary damages. For some inventors, a patent is the cornerstone of their own business enterprise. A patent gives them control over a portion or even the whole of their marketplace, providing them an opportunity to profit handsomely from their work. Smart investors often place great value on the intellectual property holdings of a company. A patent portfolio may greatly increase a company's stock price. When communicating with a manufacturer, be careful not to disclose your invention. back to top Should I use an invention development company? Many invention marketing firms claim to do market research for inventors. Some may offer a legitimate service, but in recent years this has been a fertile area for scam artists. A common scam is a "report" on the marketing prospects of your invention. For a large amount of money, you receive a very thick, impressive-looking "report." However, most of the "report" is in reality vague, general material that could apply to almost any invention. It is often filled with inflated (and sometimes fabricated) industry sales figures that promise great wealth in your future. We are not suggesting that everyone who promises invention marketing assistance is a con artist, but we are suggesting that you be very careful in hiring such assistance. The USPTO and the attorneys general of several states have shut down and prosecuted some of the worst offenders, but that just makes room for newcomers. You can obtain more information from the U.S. Patent and Trademark Office Invention Promotion Information. back to top What must I report to the U.S. Patent Office? If you file a patent application, you must disclose to the Patent Office any and all relevant art that you know of, including other products, methods or inventions. Failure to do so may invalidate any patent you obtain. back to top If you have further questions, please contact our office. > Trademark > Copyright > Business Counsel		Frequently Asked Questions What is a Patent? Who owns the patent? What is an Inventor’s Diary? Can I tell anyone else about my invention? What is a provisional patent application? Can I protect my invention with a Disclosure Document filing? How long will it take to get a patent? How much will a US patent cost? What is the difference between a design patent and a utility patent? Why obtain a patent? Should I use an invention development company? What must I report to the U.S. Patent Office?