In this article, you can discover…
- The steps to successfully apply for a patent.
- How long a patent application typically takes and why.
- How much to expect to pay to file your patent.
What Is The First Step To Starting The Patent Application Process?
The first step in starting the patent application process is to conduct a patentability search. A patent attorney can thoroughly investigate existing patents to determine if your invention is genuinely unique. This step is crucial because if your invention is too similar to something already patented, it is likely to be rejected.
Once you, as the inventor, have confirmed the uniqueness of your idea, you can proceed to draft a patent application. A strong patent application includes detailed descriptions and diagrams of your invention, enabling the examiner at the Patent Office to understand clearly and quickly how your idea stands out from others.
This clear and concise presentation of novelty and practicality can expedite the patent process and significantly enhance the chances of your invention being approved and becoming profitable.
How Do I Determine If My Invention Is Patentable?
An exhaustive patentability search will help you determine if your idea is unique and worth patenting. At Stanzione & Associates, PLLC, we conduct a thorough patentability search of existing patents’ illustrations using a state-of-the-art Artificial Intelligence search engine.
This software scans and categorizes pre-existing patents and their diagrams, finding similar patent artwork to help us highlight the differences or similarities between your idea and established inventions.
This data can help you determine whether to move forward with an idea and can also be used in your application to help clearly demonstrate to the United States Trademark and Patent Office how your idea differs from past similar innovations.
What Information Is Required For A Patent Application?
Your patent application will require an “invention disclosure.” This disclosure is a carefully drafted, detailed document that records the creation of the invention, the steps taken during its development, and a comprehensive description of the invention itself. This includes both text-based descriptions and illustrations of the invention and its functionality.
Your attorney will heavily rely upon the invention disclosure when drafting a comprehensive patent application, ensuring that all important and patentable features of the invention are thoroughly covered.
What Are The Differences Between Provisional And Non-Provisional Patent Applications?
A provisional patent application is not final—it must be converted into a non-provisional application within 12 months of filing. However, it offers many benefits.
A provisional patent application allows a business or an independent inventor to achieve “patent pending” status at the earliest possible date while continuing to fine-tune and complete their invention. Filing a provisional application secures the earliest filing date, which is crucial in establishing the first-to-file status. This means if someone else comes up with a similar invention afterward, the first to file is recognized as the inventor with patent rights.
One significant advantage of a provisional application is its cost-effectiveness. If the applicant is short on funds and needs venture capital to fund the drafting of a non-provisional application and the prosecution to obtain a patent, they can file a provisional application, which is about half the cost. This provides them up to 12 months to secure funding for the non-provisional application.
A non-provisional application, on the other hand, is a complete and detailed application that, once filed, enters the queue at the US Patent and Trademark Office. This application is examined and, if approved, results in the issuance of a patent.
How Long Does The Patent Application Process Typically Take?
The length of the patent application process can vary based on the type of technology you’re patenting. For example, a simple mechanical device might take 12 to 18 months to be examined and approved. However, more complex items, like semiconductor chips, may require multiple patents, resulting in a process that can take up to three and a half years.
Is there a way to speed up the approval process? In many cases, yes. By filing a “track one expedited examination request” with your attorney, the Patent Office guarantees that your application will be examined and completed within 12 months. Although this request involves additional fees, it provides a quicker path to getting a definitive answer on your patent application, allowing you to move forward as an inventor.
What Are The Costs Associated With Filing A Patent Application?
Filing a patent for a small, simple mechanical device may cost between $3,000 and $8,000. In contrast, filing for a complex semiconductor chip with multiple unique components can range from $15,000 to $25,000. The cost largely depends on the complexity of the invention and the number of unique components requiring patent protection.
A seasoned patent law attorney can assist you in identifying the unique components of your invention and ensure that all aspects are legally protected. For more information on Understanding The Patent Process, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (202) 349-1124 today.
