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Q &
A About Patents
Q. How much does it cost to obtain a patent?
A. Industry groups have determined
that most basic mechanical/electrical patents cost between $2,500 and $5,000 to obtain, depending on their level of
complexity, number of claims in the patent application, and number of drawings.
Q. How long does it take
to obtain a patent.
A. It can take several years to obtain a patent. At the present time, it takes over a year
for a patent examiner to review and make an initial judgment on a patent application. If there are several rounds of correspondence
between the Patent Office and the Inventor, it may well take several years for a patent to be issued.
Q.
What is involved in the cost to obtain a patent?
A. Components of the cost for obtaining a patent include fees
to the Patent Office, costs for drawings (if any), and fees for the Patent Attorney or Patent Agent.
Q. Is
there any way to reduce the cost of getting a patent or spreading out the cost over a greater period of time?
A.
One way to reduce costs up front is to submit a Provisional Patent Application. A Provisional Patent Application is not as
rigorous or detailed as a regular patent application. Fees to the Patent Office are significantly less. A Provisional Patent
Application must be followed up with a Regular Patent Application referencing the Provisional within one year, or else the
patent application is considered to be abandoned. More information on Provisional Patent Applications can be obtained on the
USTPO web site.
Q. Are there any other costs involved with having a patent?
A. Yes. Patent maintenance
fees are payable to the US Patent Office approximately four, eight, and twelve years after a patent issues.
Q. Once a patent is issued, what rights do I have?
A. The patent gives the owner the right to exclude others
from making or using the owner's invention. It is up to the owner to enforce the patent. The owner of the patent also has
the right to license or sell the patent rights.
Q. Do we have to meet face to face to discuss my invention?
A. A face to face meeting is always helpful, however, it is not necessary. In fact, much of the patent prosecution
effort can be done over the internet, via e-mail and cell phone. Some of my clients I have never met - everything has been
transacted electronically.
Q. Where are you available for face to face meetings?
A. I have met
with clients and am available for face to face meetings in Connecticut, Massachusetts, New Hampshire, Rhode Island, and Northeastern
Pennsylvania. I also have clients in California, New Jersey, and that I have dealt with exclusively over the net.
Q. How do we get started?
A. My suggested procedure for starting the patent process is as follows:
(1) You give me a brief written or oral description of your concept.
(2) I then do a search of the US Patent
Office and other on-line data bases. If I find something that is similar to your idea, I'll notify you and we'll decide whether
to go forward or not.
(3) If I think your concept may be patentable based on my search, I'll recommend that we proceed.
I will then ask you sign an engagement agreement and tender a retainer.
(4) If I'm unsure as to the novelty and usefulness
of your concept, I may recommend that we hire a professional patent search firm to do a more comprehensive search. Based on
the search firm's results, we will make a decision to go forward with the patenting process or not.
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