FAQ's

1)      What is a patent?  In essence, a patent is a limited monopoly given for the disclosure of an invention that brings valuable knowledge to public light.  Patents have been in our first founding documents and have been a key to the success of our continuing advancements in all areas of technology.  A patent gives to its owner the exclusive right to make, use, sell, assign, and license the invention.  There are several types of patents:

• Utility patents: protect the sorts of thing most people usually think would be covered by patents: A general invention, machine, process, item of manufacture, or composition of matter

• Design patents: protect certain designs in manufacturing or building and is based upon the unique appearance of the item

• Plant patents: protect certain types of asexually reproduced plants

2)      How do I know if my idea is patentable? Congress established the definition for what is patentable subject matter in 35 U.S.C. §101:

“Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title”

Therefore, a process, machine, item of manufacture, or an improvement on any of these is patentable.  However, such things as expressions, ideas, mathematical formulae, recipes, and the like have traditionally been excluded.  Essentially, you cannot patent a mere idea or suggestion. Not too long ago the Court of Appeals for the Federal Circuit extended the scope of §101 by holding that methods that relate to something tangible (E.g., computer programs) are patentable subject matter.  In time, inventions that are not necessarily part of a computer process, such as business methods, may be allowed as statutory subject matter.

3)      Why can’t I prepare a patent application myself? You can, and some inventors feel comfortable enough doing so although these are by far the exception to the rule.  Usually, they have had the benefit of watching and learning from those that know how to prepare a patent for submission to the United States Patent and Trademark Office.  A patent should give you the broadest possible protection for your idea while also being narrow enough to issue as a patent and make it through the examining corps at the Patent and Trademark Office.  If you are not careful, you can draft your patent claims too narrowly and others will invent around your claims and you will  not reap the rewards that you had hoped to obtain from the exclusive right to your invention. Conversely, you could draft the claims of the patent too broadly and it could be rejected based on other “prior art” or a similar invention that preceded yours.  Like so many fields, patent law has its own nomenclature and drafting approach.  To be unaware of these will almost certainly preclude patententability.

4)      What is prior art?  Prior art is a prior publication or patent that is identical to or so closely relates to your invention as to render it obvious and un-patentable.  This makes sense if you remember the purpose of a patent from FAQ 1.  If an idea does not bring to public light truly inventive or new ideas then allowing a patent to issue would penalize others from using knowledge that has previously been available to the public.  Optimally, you should perform a patentability search before you prepare your patent so that you know the prior art that exists and would prevent you from patenting your idea

5)      What is a patentability search? There are several kinds of searches that  encompass the term “patentability search.”  The most typical is the patentability search that searches the USPTO and/or other countries’ patent offices for patents that could be used as prior art against your invention before you file or begin drafting the application.   Please note that patentability searches are not required to file your patent but are strongly advised because they will alert you to invalidating prior art and will save you time and thousands of dollars.  There are also more intensive types of searches that will search for any non-patent literature that has been accessible to the public.  These types of searches are oftentimes necessary when you are accused of infringing a patent and want to invalidate that patent by finding relevant prior art.

6)      What is the difference between a patent attorney and a patent agent?  For the purposes of drafting and filing patents before the Patent and Trademark Office – there is no difference.  A patent agent, just like a patent attorney, has undergone rigorous examination through the USPTO and been declared fit to prepare and prosecute patents before that office.  Registered Patent Agents are able to give legal advice relating to patents, represent you before the Board of Patent Appeals and Interferences, draft, present, respond to, and in all other ways prosecute patents. However, there are certain actions a patent agent cannot take such as representing or appearing for a client in all other courts of law, dispensing non-patent legal advice, filing trademarks, or otherwise holding themselves out to be an attorney. 

7)      Should I choose a Patent Agent or a Patent Attorney?  This can be answered in two words – “it depends.”  It depends on your invention, their level of expertise, their background, their level of commitment to your invention, what you are able to afford, and the terms of service concerning what the agent or attorney is willing and able to provide.  All of these factors should be weighed before you commit to any legal services.

8)      How much will it cost to file a patent?  Again, it depends.   It depends on many factors including the kind of patent you want to file, the cost of the service by the attorney or agent, the hard costs in filing the application, the number of claims you will need to cover your invention, and the complexity of your invention.  There are other costs after the application has been filed you will also need to consider such as costs to respond to Office Actions, issue fees, patent maintenance fees, and any other services performed by an attorney or agent performed while prosecuting your patent.  Normally, the initial cost of filing starts at around $3,000 and can be as high as $10,000 just for filing your application.  With other costs added in after prosecution has begun and after issue fees have been paid you can expect to pay at least $7,000.  

9)      Are the costs for filing any different if I am a small inventor or a small business?  Yes.  Individual inventors or businesses considered to be "small business concerns" by the United States Code of Federal Regulations Title 13 can pay reduced fees for certain costs at the United States Patent and Trademark Office.  See the USPTO for their latest fee schedule and the reduced costs for those qualifying as a small business entity.

10)   How much is a patent if I use Patentsforless?  For a general breakdown of our costs, please see our Fee Schedule.  Our business model is designed to not just keep costs low but also to ensure accuracy and quality in your patent application – these are our two primary directives.

11)  Is there anything you don't know?  Absolutely!  So if you have a question you did not see here, please send it to info@patentsforless.com and we will either send you an answer or post the question and answer on this site for all to see.