FAQ
Frequently Asked Questions
What is the first thing I should do to obtain protection for my new idea or concept?
Initially, the most important step is to contact a registered patent attorney to obtain some general guidance as to the inventive process. Many inventors wait too long to contact an attorney until they feel their idea is fully developed. Unfortunately patent rights can be lost by such a delay. A person should contact an attorney who is registered with the US Patent Office as early as possible such that the process of development of an idea into an invention can be properly documented. Normally a short initial conference with an attorney can provide an inventor with sufficient guidance during the initial stages of development of an idea or product such that a significant amount of time and effort on the part of the inventor can be saved by receiving some initial guidance at a very early point in the invention process. Such an appointment normally costs less than $50 and lasts usually no longer than thirty to forty-five minutes, but will provide valuable initial insight and information to an inventor.
A patent is a property right granted to an inventor on a concept or idea by the United States Government through the Patent and Trademark Office. It gives protection to the invention which prevents other from making use of his inventive idea within the United States for a substantial period of time.
Generally, the effective term of a new patent lasts up to twenty years from the date on which the application for patent is filed in the United States. In some special cases it can be somewhat less.
In what geographic area do patent rights apply?
A United States patent only covers activities within the United States and territories thereof. However, the patent rights include the right to exclude others from making, using, offering for sale or selling your invention in the United States or “importing” the invention into the United States to sell even if it manufactured in a foreign country.
What are the types of patents?
There are three basic types of patents:
- Utility Patents - May be granted to anyone who invents or discovers any new or useful process, product, article manufacture or combination of matter, or any new or useful improvement.
- Design Patents - May be granted to anyone who invents a new or original ornamental design for an article of manufacture
- Plant Patents - May be granted to anyone who invents, or discovers any distinct or new variety of plant.
What is a trademark or a service mark?
A trademark is a word, name, symbol or device that may be used in commerce with goods to indicate the source of the goods and distinguishes these goods from the goods of others. A service mark is similar to a trademark except that it identifies and distinguishes a service rather than a product from other. The term “trademark” and “mark” are commonly used for a trademark and service mark.
What is the purpose of obtaining a trademark?
Trademark rights protect you from usage of a similar mark by another for similar goods or services. A trademark does not prevent someone else from selling identical goods or services using a different mark. Trademarks which are used in interstate and foreign commerce, such as on the internet, should be registered with the United States Patent and Trademark Office for further protection.
How is a copyright different from a patent or a trademark?
A copyright is a completely different type of protection that provides to authors protection for original works of authorship such as literary, dramatic, musical, artistic or certain other intellectual works, both published and unpublished. Copyright owners generally have the exclusive right to reproduce the copyrighted work for various purposes and to various media and to perform the copyrighted work. Copyright protection deals with the form of expression.
The patent law specifies certain subject matter that can or can not be patented. The list of possible patentable items is extensive, and it is best to contact a patent attorney to specifically determine whether your item falls within the type or classification of article that can be protected by a statutory patent.
What is required for the filing of a patent application?
A patent application requires a complete specification including a description, and sometimes requires claims, as well as drawings prepared in accordance with specific drafting requirements as set forth by the patent and trademark office.
How long does it take to obtain a patent?
The average pendency time for a patent application before the United States Patent and Trademark Office varies from approximately eighteen months to approximately three to four years, and can vary significantly depending upon the subject matter of the invention. During this time the invention is considered to be “patent pending” During the first eighteen months an application is pending, it is kept in secrecy and is only published thereafter.
What is a provisional patent application?
A provisional patent application is an abbreviated patent application which can be filed more quickly and less expensively than a full utility patent application and affords the applicant the right to file a full utility patent application within one year. The filing of a provisional patent application gives the applicant “patent pending” status and to the same extent as would be the filing of a full utility patent application. A provisional application does not specify exactly what portion of the invention is claimed by the inventor, but does provide a filing date priority for use with a later filed utility patent application, as long as the later filed utility patent application is filed within a one year of the filing date of the provisional application.
What would be the best procedure for marketing the product in the issued patent?
An inventor can participate in the marketing of his invention to greater or lesser extent depending upon the wishes of the inventor. If the inventor wishes to minimize the amount of work and time spent in marketing the invention, then he could contact a company involved in the manufacturing and selling of products in the same field as the invention to determine whether they would like to market the product as an added item in their product line. In this case the inventor would receive a licensing fee or royalty for each product sold which is normally a portion of the selling product. Fees are paid on a continuous basis over the entire time that the license is in effect, and issued patent is active. Alternatively, the inventor can participate more actively by having the product manufactured and sold under the close direction of the inventor himself. The inventor would then be intimately involved in the sale of products. In this case, the rewards and profits are greater, however the demands on the inventor’s time and energy are obviously also much greater. A patent attorney can be helpful in determining what the best avenue would be for making use of one’s patent.
If I license my product to a company, what royalty would I expect to receive?
The actual amount for a possible royalty can vary greatly, however normally it is established at between 2 and 10 percent of the gross selling price.
Select a question below to jump to the answer.
- What is the first thing I should do to obtain protection for my new idea or concept?
- What is a patent?
- How long does a patent last?
- In what geographic area do patent rights apply?
- What are the types of patents?
- What is a trademark or a service mark?
- What is the purpose of obtaining a trademark?
- How is a copyright different from a patent or a trademark?
- What can be patented?
- What is required for the filing of a patent application?
- How long does it take to obtain a patent?
- What is a provisional patent application?
- What would be the best procedure for marketing the product in the issued patent?
- If I license my product to a company, what royalty would I expect to receive?