Frequently Asked Questions
(Patents)
Q. Should I keep my invention "secret"?
A. Yes. You should generally not disclose your invention to anyone
other than a patent practitioner. However, you may disclose your
invention to another person provided an authorized representative of
the company signs an enforceable Non-Disclosure Agreement (NDA). It is
also important not to publish an article revealing your invention. If
you do publicly disclose your invention, you may still be eligible for
patent protection in the United States so long as the information was
not made available more than one year before the filing date.
Q. What are some advantages to patent protection?
A. The main advantage to a patent is that you can prevent others from
making, using, and importing the invention for the length of the
patent term.
Q. What information should I provide to you?
A. Drafting a high-quality patent is a team effort between the
inventor and the patent attorney. Since you are the inventor, you will
know much more about the invention. It would be expected that you
provide a write-up of your invention along with several drawings.
Q. How long does the process usually take?
A. The drafting process will usually take a few weeks.
Q. How much do you charge?
A. Most of our fees are listed here.
Q. How much do you require up front?
A. We require half the amount owed up front and the remainder upon
filing.
Q. Can I prepare my own drawings?
A. Simple flowcharts and block diagrams usually can be done
without a drafsman using Microsoft Visio ®
or similar software product.
Drawings depicting screen shots may require the
services of a draftsman since they can be difficult to construct.
Mechanical inventions may require the services of a draftsman.
Q. After filing, how long does the application take to be examined?
A. The amount of time is dependant on the US PTO. Currently, it takes
about two years for the Examiner to start the examination process in
some arts. It will then usually take another year or more before the
patent issues.
Q. Is it true that usually a patent application is rejected on the
first try?
A. Yes. Most patent applications are rejected on the first try. The
examination process can be thought of a negotiation between the
inventor and the government over the extent of patent protection
granted.
Q. Is a prior art search necessary?
A. The US PTO does not require a search be performed. Ultimately, the
Examiner will conduct his or her own search. However, the applicant is
often in a better position having performed a search. It may reveal
that another has already invented something similar or exactly the
same. The search may allow the patent attorney to draft claims that
distinguish patents that are closely related.
Q. What other fees might I expect after filing?
A. Once the patent is examined, it will usually be necessary to
respond to various points that the Examiner has made in an Office
Action. Each response will require another attorney's fee. If the
Examiner indicates that the patent is allowable, the Applicant is
required to pay an issuance fee. While the patent is in force, the
Applicant is required to pay periodic maintenance fee.
Q. Should I file patent applications in other countries?
A. Most inventors do not file in foreign countries. The cost is often
prohibitive, and unless the assignee will do business outside the US,
foreign patent rights will not benefit the Applicant. However, there
are certain instances when foreign filing can be advantageous. Within
12 months of filing the US application (utility or provisional), the
Applicant may elect to file a Patent Cooperation Treaty (PCT)
application. Most countries in the developed world are members of the
PCT.
(Trademarks)
Q. What is a
trademark?
A. A trademark
includes any word, name, symbol, or device, or any combination used,
or intended to be used, in commerce to identify and distinguish the
goods of one manufacturer or seller from goods manufactured or sold by
others, and to indicate the source of the goods. In short, a
trademark is a brand name.
Q. What benefit
does federal trademark registration provide?
A. Federal trademark registration provides several benefits,
including:
Q. When should I use the
®, ™, and SM symbols?
Use of the TM and SM
symbols may be governed by local, state, or foreign laws and the laws
of a pertinent jurisdiction to identify the marks that a party claims
rights to. The federal registration symbol, the R enclosed within a
circle, may be used once the mark is actually registered in the USPTO.
Even though an application is pending, the registration symbol may not
be used before the mark has actually become registered.
The federal registration symbol should only be used on goods or
services that are the subject of the federal trademark registration.
