Before you have a first call, video meeting, or in-person meeting with a patent attorney, you may have a number of questions or concerns. Here are the top questions/concerns that I usually hear from clients and potential clients.
(1) Is my amazing widget patentable? What do you think?
This really is the million dollar question. It is sometimes asked as the first question during the initial first call right off the bat after I get a one sentence overview. And guess what – I cannot answer this question. There is simply no way to predict the future. I am hopeful that we will be successful, but there are tons of factors that come into play. I can explain some of these factors during our first call. However, my answer is typically “It depends.”
It is important to know that in the United States you have one year from when you first publicly use, offer for sale, or disclose your invention to file a patent application. In addition, the United States follows a first-to-file system meaning that the first inventor that files a patent application on that amazing widget can be awarded the patent.
(2) How long is this whole process going to take?
It is not a quick or easy process. After all is said and done, it could take as little as about a year from filing to an issued patent. However, it is usually a multi-year process where most of the time can be spent waiting for the U.S. Patent and Trademark Office (USPTO) to examine the application.
(3) How much is this going to cost?
More than you may expect. There are U.S. Patent and Trademark Office (USPTO) filing fees and attorney fees for preparing and filing the patent application. In addition, drafting and filing the application is only the first half of the process. The second half includes a back-and-forth with a patent Examiner called patent prosecution. Hopefully, at the end of the process the client has an issued patent after paying the USPTO an issue fee. But again – it is impossible to predict.
After the patent issues, there are additional fees paid to the USPTO. These fees are known as maintenance fees and paid to the USPTO to maintain the patent at particular intervals of time after the patent issues.
(4) Why should I file a patent application?
With an issued patent, you can prevent others from making, using, offering for sale, or selling your invention in the United States. This may discourage others from competing with you.
In addition, during the process you can tell others that you have a pending patent application. This may be helpful if you are seeking funding or could be helpful in marketing.
In short, the patent process is not cheap and it is not quick. But it can be very beneficial.
Please get in touch with John to discuss and ask your own questions.
john@freship.com
