Patent FAQs

Working with a good patent attorney is important. It is very important that they understand your invention and that you feel it is easy to communicate with them. Hiring a patent attorney that you can work with is very important because of the amount of time it takes to get a patent issued (18-24 months from filing).

A patent protects the novel aspects of a product, device, and/or process of manufacture.

• Utility patent

• Design patent

• Plant patent

There are primarily two general differences between a design patent and utility patent. The first is that a utility patent protects the concept of an invention. A design patent only claims the ornamental shape of the item.

There are several sections that must be included in a utility patent: Abstract, Background of the Invention, Brief Summary of the Invention, Drawings (generally required); Brief Description of the Drawings (required if drawings are required); Detailed Description of the Invention; and Claims.

No, you generally do not need to have a prototype before filing a patent application.

The cost of a patent varies on the complexity of the invention, the type of patent being obtained, and the type of inventor filing for the application or the type of company that the patent will be assigned to. Generally speaking if an inventor qualifies as a micro-entity, a utility non-provisional patent application of minimal complexity will costs $5,000. This should include everything to getting the patent awarded.

The cost of filing a design patent is far less for an applicant that qualifies for micro entity status. Depending on the number of drawings required to show invention, you should expect to pay less than $2,500 to obtain a design patent.

Because the attorney fee for filing a patent depends so heavily on the invention, we provide more specific estimates after an initial consultation.

Once a patent application is filed, it will generally take 18-24 months for the patent to be issued.

Maintenance fees for US patents must be paid after 3.5 years, 7.5 years, and 11.5 years after the patent was issued. The cost of the maintenance fee will increase in cost respectively. Maintenance fees only apply to utility patent applications, not design patents.

If you forget to pay your maintenance fee there is a 6 month grace period where you can pay your maintenance fee plus a surcharge late fee. If you miss the grace period then you will need to file a petition with the USPTO’s Petition Office to revive your patent.

You may file a patent yourself, however it is better to hire a patent attorney.

Your invention is considered patent pending when a provisional or non-provisional patent application is filed with the USPTO.

On Sale Bar - An inventor may obtain patent protection for a new product by applying for a patent through the United States Patent Office. Patents are meant to guarantee the negative right to exclude others and protect their products or methods. However, timing is everything because the Patent Statute has created a one year sale bar. What is this and what is the effect?

If an inventor has “offered for sale” his or her device or process for a period of one year before the filing date, the inventor will not be able to obtain a patent. The “offer for sale” is defined very broadly so any efforts to sell the product will trigger the time to file for patent protection.

For that reason, it is important to seek the advice of a patent attorney as soon as possible. The penalty for waiting may result in a loss of rights to your invention.

The term of a patent describes the period of time that the owner can enforce rights under the patent. 

• For a design patent filed before May 13, 2015 the term is 14 years from the date of issue

• For a design patent filed after May 13, 2015 the term is 15 years from the date of issue

• For a utility patent the term is 20 years from the date of filing (not the date of issue)