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.
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?