1.
File
a Utility Patent Application
Utility
patents may be granted to anyone who invents or discovers any new and useful
process, machine, article of manufacture, or compositions of matters, or any
new useful improvement thereof.
2.
File a Design Patent Application
Design patents may be granted to anyone who invents
a new, original, and ornamental design for an article of manufacture.
3.
File a Plant Patent Application
Plant patents may be granted to
anyone who invents or discovers and asexually reproduces
any distinct and new variety of plant.
4.
File a Provisional Patent Application
5.
Copyright Basics
6. Trademark Basics
Straight from the U.S. Patent and Trademark
Office
Since June 8, 1995, the
United States Patent and Trademark Office (USPTO) has offered inventors the
option of filing a provisional application for patent which was designed to
provide a lower-cost first patent filing in the United States and to give
U.S. applicants parity with foreign
applicants under the GATT
Uruguay Round Agreements.
A provisional application
for patent is a U. S. national application for patent filed in the USPTO
under 35 U.S.C. §111(b). It allows filing without a formal patent claim, oath
or declaration, or any information disclosure (prior art) statement. It provides
the means to establish an early
effective filing date in a
non-provisional patent application filed under 35 U.S.C. §111(a). It also
allows the term "Patent Pending" to be applied.
A provisional application
for patent (provisional application) has a pendency lasting 12 months from
the date the provisional application is filed. The 12-month pendency period cannot be extended. Therefore, an applicant who files a provisional application must file a corresponding non-provisional application for patent
(non-provisional application) during the 12-month pendency period of the
provisional application in order to benefit from the earlier filing of the
provisional application. In accordance with 35 U.S.C. §119(e), the
corresponding non-provisional application must contain or be amended to
contain a specific reference to the provisional application.
General Patent Information
How long does patent protection last?
Provisional Patents
last for 1 yr from the date of filing.
For applications filed on or after June 8, 1995, utility
and plant patents are granted for a term which begins with the date
of the grant and usually ends 20 years from the date you first applied
for the patent subject to the payment of appropriate maintenance fees.
Design patents last 14 years from the date you are granted the patent.
No maintenance fees are required for design patents.
Note: Patents in force on June 8, 1995 and patents issued thereafter
on applications filed prior to June 8, 1995 automatically have a term
that is the greater of the twenty year term discussed above or seventeen
years from the patent grant.
What can and cannot be patented?
What can be patented utility
patents are provided for a new, nonobvious and useful:
Process
Machine
Article of manufacture
Composition of matter
Improvement of any of the above Note: In addition to utility patents,
encompassing one of the categories above, patent protection is available
for
(1) ornamental design of an article of manufacture or
(2) asexually reproduced plant varieties by design and plant patents.
What cannot be patented:
Laws of nature
Physical phenomena
Abstract ideas
Literary, dramatic, musical, and artistic works (these can be Copyright
protected). Go to the Copyright Office.
Inventions which are:
Not useful (such as perpetual motion machines); or
Offensive to public morality Invention must also be:
Novel
Nonobvious
Adequately described or enabled (for one of ordinary skill in the
art to make and use the invention)
Claimed by the inventor in clear and definite terms
How much does it cost to get a patent?
Fees vary depending on the type of patent application you submit.
Fees may also vary according to the way you "claim" your
invention.
More information on filing fees and the number and type of claims.
There are three basic fees for utility
patents:
The filing fee, which is non-refundable whether or not a patent
is granted. (This is the cost to have your invention "examined"
by the US Patent and Trademark Office - remember, you may or may not
get a patent!)
The issue fee (you pay this only if your application is allowed)
Maintenance fees (paid at 3 1/2, 7 1/2, and 11 1/2 years after your
patent is granted - these fees "maintain" your legal protection)
. Additional fees may be required. Typical fees are as follows (these
are only intended to give you a "ballpark" estimate) these
fees do not reflect all the possible variations in filing and patenting
your invention - also, these fees are subject to change - thus, you
are strongly advised to check the current fee schedule before submitting
your application. Typical filing fees for an Inventor when application
filed with a written assertion of small entity status (See Simplified
Small Entity Status Practice):
Filing a provisional application. $100
Filing a non-provisional
application. Approximately $150* Issue fee
Approximately $650 Maintenance fees:
Due at 3 1/2 years Approximately $450
Due at 7 1/2 years Approximately $1150
Due at 11 1/2 years Approximately $1900
Patent Search Fees (Small Entity Only)
Utility
Search Fee 250.00
Design Search Fee 50.00
Plant Search Fee 150.00
Reissue Search Fee 250.00
Examination Fees
Utility
Examination Fee 100.00
Design Examination Fee 65.00
Plant Examination Fee 80.00
Reissue Examination Fee 300.00
