FAQs ABOUT PATENTS

 

Q1:          WHAT DOES JRS.PC CHARGE FOR A PATENT?

A1:         The first step, the application itself, typically runs about $3,000 to $5,000 to get a "patent pending.� (A so-called �provisional� application can be filed typically for about $2,000. Inquire for details.) We will quote a fixed price and a minimum-not-to-exceed price from which you can select. This does not cover the entire cost of a granted patent. Once the patent application is filed, the U.S. Patent and Trademark Office ("PTO") examines it for patentability and sends us one or more patentability opinions. It may be necessary for us to respond to the opinions, the cost of which we will discuss with you at that time.

                   We also offer a refund option. Under this plan, we quote you a fixed price for the entire project, typically $14,000 to $20,000. This option costs more because we are absorbing your risk that the patent may not be granted. One third of this amount is paid up front, one-third when the application is filed, and the balance is due if and when the government notifies us that they will allow a patent to be granted on your application. If the government allows no patent, all fees except government filing fees are refunded to the client.

 
Q2:          AM I ASSURED OF GETTING A PATENT? HOW LONG DOES IT TAKE TO GET ONE?

A2:            There is no guarantee a patent application will result in the grant of a patent unless the PTO approves it after their examination process. Having a patent search done in advance may reduce the risk of rejection.

               How long it takes for examination is up to Uncle Sam. This typically takes from 1 to 3 years unless certain special criteria are met. We can complete a preliminary patent search usually within ten days. A patent application usually can be prepared and filed within one month or less of receipt of the quoted fee, depending on its complexity and our current workload.

 
Q3:          CAN I SAVE MONEY BY DOING ANY OF THIS MYSELF? DO I HAVE TO USE A PATENT AGENT OR ATTORNEY TO GET A PATENT OR DO A PATENT SEARCH?

A3:          It is perfectly legal for any person to prepare and file his or her own patent application, just as it is legal to represent oneself in court. You could save legal fees by doing it yourself. However, both of these processes are very complex, and the likelihood of success is greater if performed by a licensed professional in your behalf. If patent searching or application preparation are not done properly, valuable rights could be lost permanently. Useful background information on the patent process can be found on the PTO�s website, www.uspto.gov, which can help you decide how to proceed.

 
Q4:          MY INVENTION IS A �SLAM DUNK�. WILL YOU DEFER MY FEES UNTIL I HAVE INCOME FROM MY PATENT? OR HOW ABOUT AT LEAST FINANCING THE FEES FOR ME?

A4:          Sorry, we can�t do either. However, we are willing to bear most of the risk that a patent may not issue on your patent application under the refund option mentioned above.  JRS PC cannot assume the risk that your invention might not be marketed effectively or be well received by the marketplace. 

 
Q5:          WHEN CAN I SAFELY START MARKETING MY INVENTION? DO I HAVE TO WAIT FOR THE PATENT?

A5:          It�s a good idea to wait at least until your patent application is on file (�pending�) with the Patent and Trademark Office before showing your invention to anyone. Even though patent protection does not begin until the patent is issued, you may, for an extra government fee, have your application published beforehand. If you succeed in getting a patent, you may collect damages from persons who use your invention after the time it is published. Also, simply marking your invention with �patent pending� during that period puts interested persons on notice that a patent may issue at any time, and they would be foolish to try to capitalize on your invention before the patent issues. You may not use the term "patent pending" or "patent applied for" unless you have filed a bona fide application. Many companies won�t look at your invention unless you at least have a patent pending.

 
Q6:          HOW LONG DO PATENTS LAST? CAN THEY BE RENEWED?

A6:          With certain exceptions, utility patents, the most popular kind, last 20 years from the date of filing provided the maintenance fees are paid. Plant patents last 20 years from the date of filing. Design patents last 14 years from the date of issue. Patents cannot be renewed.


by Jonathan R. Smith
Copyright � 2015  Jonathan Rigdon Smith, J.D. PC. All rights reserved.
Revised: June 22, 2015.

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