I started this site to provide a one stop source for answers to the most frequently asked questions about patents and the patent process. I compiled the list of questions in the FAQ primarily from the questions that my clients typically ask. Now that those are answered, it's time to turn to the questions/keywords sent to Google that directed visitors to this site.
1. How much should a simple utility patent cost? I have been doing a lot of market research in order to provide competitive rates and the range that I have seen quoted by small firms for uncomplicated inventions varies from between $2,500 and $5,000. For more information click here.
2. How much time to draft office action response? Most replies take me 8 to 10 hours, but it can take more or less time depending on the complexity of the invention and the cited prior art.
3. How to choose a patent attorney? Click here.
4. Is my invention patentable? Click here.
5. How to prepare a patent application. The requirements for a patent application are laid out in MPEP chapter 600. I will explain in greater detail in future posts.
6. I have an idea for a product, what next? Click here.
7. Infringement under doe and literally infringement. Click here.
8. Outsource patent work. This is a very popular search. You will likely need an export license to communicate your invention to a party outside of the U.S. For more information click here.
9. Look over my patent application. Patent applications a very complex technical and legal documents. I have worked with many inventors that filed their own patent applications. Most of them perform admirably when it comes to describing the technical aspects of their invention. The problems that these inventors run into is satisfying the formalities of the patent application, which are very expensive to correct after the application is filed. I am happy to review inventor's patent application and provide feedback for a nominal fee.
10. Help inventors monetize patent. Unfortunately, there is no simple answer. Click here for one option.
11. Notice of allowance reopen prosecution. Reopening prosecution is typically required to take certain measures that are not available when prosecution is closed. This may be required, for example, to file an Information Disclosure Statement or to correct inventorship. Prosecution is reopended by filing a request for continued examination (RCE).
12. Number of office actions until allowance. There is no fixed number of actions. Rather, the number will be based on how close the prior art is to the claimed invention, and on the skills of the practitioner arguing the application and of the examiner assigned to the application. I have received allowances after only one office action in applications that were easy to distinguish from the prior art. See 6891234. Applications with closer art will likely see 2 to 4 office actions before an allowance.
13. Patent application average cost. Another popular search. I would estimate that the average cost of a quality utility patent application of average complexity is between $7,000 and $8,000. For more information click here.
14. Patents how long to get. Click here.
15. Should an inventor prepare his own specification? Click here.
16. What are patent post allowance fees? There is an issue fee and three maintenance fees at 3, 7, and 11 years from the grant date of the patent. Patent office fees are here.
17. What kind of patents are there. Design, Utility or Non-provisional, Provisional, and Plant.
18. What to do if my patent is being infringed. When you find yourself in this situation you will want to contact the infringer to get them to cease all infringing activity, demand damages resulting from the infringement, and/or offer a license for any further use. There are generally two ways to get the ball rolling. The most commonly selected option is to send the infringer a cease and desist (C&D) letter that puts them on notice of the infringement. C&D letters should be approached with extreme caution, however, as the letter may give the infringer standing to sue the patentee for a declaratory judgment as in the case between HP v. Acceleron. The second option is simply to sue the infringer. Patent litigation is expensive. Luckily, individual inventors and small businesses can turn to law firms willing to work on a contingency fee.
19. When can I expect a first office action patent application. This will vary greatly depending on the backlog in the particular art unit that the application is assigned. I have seen few first office actions come in in less than 14 months and many more office actions come in in over 24 months. Click here for more information.
20. Why file continuation after notice of allowance? Flexibility! I have seen instances where a company does not infringe an issued patent, but there was support in the specification to file a continuation application with claims that would be infringed. If a continuation application is not filed, the patentee may loose the ability to capture subject matter in the specification if the application is allowed to issue without filing at least one continuation application.
