At patentattorney.com, our deep understanding of diverse technical fields allows us to provide specialized intellectual property services across a broad spectrum of industries.
A patent attorney helps inventors protect their ideas by drafting and filing patent applications, conducting prior art searches to investigate whether an invention is patented or likely to be patentable, responding to the office actions from the patent examiners at the United States Patent and Trademark Office (USPTO) as part of the patenting process, and handling patent disputes. They hold both a law degree and a technical background, and obtain certification both from a State Bar organization as well as directly from the USPTO which allows them to navigate both the legal and scientific aspects of the patent process.
A patent agent is a technical professional with a certification from the USPTO, who may represent clients in patent matters before the USPTO without being a licensed attorney. Unlike patent attorneys, they cannot provide legal advice outside of the patenting process, such as performing analysis of whether a product infringes a patent, representing clients in court for infringement cases, handling licensing agreements, and providing broader legal counsel beyond just the filing process.
Costs vary depending on the complexity of your invention and the type of service you need. A patent search to investigate whether an invention has already been patented or not is often relatively inexpensive. There are multiple types of patent applications that can be filed, such as provisional utility applications, non-provisional utility applications, and design applications. A provisional application normally provides a lower cost entry point, but ultimately provide only a placeholder and some potential extension of the overall patent term, while a full non-provisional application would have a higher cost. Litigation and PTAB proceedings carry higher costs due to the complexity involved. It is routine for a patent attorney to provide transparent estimates after an initial consultation.
Patent applications may be filed without an attorney or agent (called filing “pro se”), but patent applications require precise legal and technical language. Errors or vague claims can result in a weak patent or outright rejection. A patent attorney significantly improves your chances of getting meaningful protection that both increases your chance of obtaining a patent as well as keeping the scope of the patent broad.
The “standard” patent application is called a non-provisional utility application, and will cover an invention or closely related group of inventions, such as a new product and a method of using the new product. Related to these are provisional utility applications, which are low-cost, informal, and non-examined placeholders which allow patent applicants another 12 months to file a non-provisional application, which then can be fully examined and can lead to an issued patent. Another type of patent application is the design application, which is used to instead pursue a design patent, protecting a specific ornamental design (which can range from the shape of a sneaker to a graphical user interface icon design).
Based on current USPTO data, the average pendency for examination on a utility patent to begin examination is about 22 months, though this can vary based on the technology area and how the examination process goes. If the USPTO issues office actions (which is common), your attorney will need to respond with arguments or amendments, which adds time. Experienced attorneys, however, can help you navigate the process and potentially decrease pendency time based on various programs such as Track One filings or petitions to make special based on health or age.
A rejection (called an “office action”) isn’t the end of the road. It’s actually a normal part of the process. On average, typical patent applicants will receive 2-3 Office Actions before final disposition, which will list certain specific objections the patent examiner has to the current form of the patent application, such as “prior art” that the examiner thinks is too close in concept to the invention described in the patent claims. You and your patent attorney can collaborate to review the examiner’s objections, then prepare arguments or amend your claims to overcome them.
Patents are national rights issued by specific countries, and so will only be applicable to that country. There are multiple avenues to streamline filing patents in foreign countries when you have already filed a patent in one country, such as the Paris Convention or Patent Cooperation Treaty. Seeking a patent in a foreign country is often best handled by a foreign patent attorney, though often a U.S. patent attorney will have foreign colleagues and may be a good source of referrals.
Yes, the USPTO does not require a physical prototype. However, your application must describe the invention in enough detail that someone skilled in the field could reproduce it, which is a standard that varies by invention. A patent attorney can help you define and document your invention at the concept stage.
Once your patent is granted, you can commercialize it by manufacturing and selling the product yourself, licensing the patent to other companies in exchange for royalties, or selling the patent outright. A patent attorney can help structure licensing agreements to maximize the value of your intellectual property, while if the patent is to be sold outright, a small business attorney can often be helpful with this kind of asset sale.
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