General Information

Inventors may apply for one of two types of utility patent applications:

(1)   A non-provisional application, which begins the examination process and may lead to a patent and

(2)   A provisional application, which establishes a filing date but does not begin the examination process. 

1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof; 

2) Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and 

A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. The patent grant excludes others from making, using, offering for sale, or selling the invention in the United States. The patent grant further excludes others from importing the invention into the United States.

Once a patent is issued, the patentee must enforce the patent without aid of the U.S. Patent and Trademark Office.

The U.S. Patent and Trademark Office permits inventors to file and prosecute their own patent applications, but it offers the following insight and recommendation:

The patent application process is complex. The U.S. Patent and Trademark Office cannot assist in the preparation of patent application papers. If you are ready to apply for a patent, we strongly advise you contact a registered patent attorney or agent.

How much does it cost to get a patent?  This is one of the questions most frequently asked by clients. 

According to a recent survey by the American Intellectual Property Law Association, attorney fees for preparing and filing a U.S. utility patent application were reported to range from $5,000 (basic mechanical) to $17,000 (complex software, bio or chemical), depending on the city, the firm, and the nature and complexity of the invention. This does not include costs, e.g., for drawings and Patent Office filing fees.

 Generally, one cannot patent a mere concept or idea.  The concept must be developed to the point of reduction to practice, where it is or can be put into tangible form and capable of doing some good, that is, to have utility.  Often, it is useful to actually reduce the invention to practice, that is, to make or build the invention and try it out (in secret, of course).  It doesn't have to work perfectly, but it should work well enough to show that it can work well enough to serve its intended purpose.

Here are a list of frequently asked questions (FAQ’s):