Who can apply for a patent?
A patent must be applied for only in the name(s) of the actual inventor(s). However, the inventor can sell or assign the patent to someone else. Prior art includes any patents related to your invention, any published articles about your invention, and any public demonstrations. This determines if your idea has been patented before or publicly disclosed making it unpatentable.How Much Does It Cost For a Patent?
The U.S. Patent and Trademark Office (USPTO) establishes fees for patenting unique, non-obvious inventions. Because there are different types of patents, these fees vary, depending on those due at the time of the initial application and during the maintenance intervals required during a patent's 20-year life. A filing fee, search fee and examination fee are due with an initial application. Patent applications with more than 3 claims are subject to additional charges. It is important to note that fee structures are not static. The below represent the USPTO 2009 fee schedule and apply to patents filed on or after December 8, 2004. Initial Filing Fee - The initial filing fee for a utility patient is $330. Initial filing fees for design and plant patents are $220. Patent Search Fees - The search fee is $540 for a utility patent; $100 for a design patent; and $330 for a plant patent. Patent Examination Fees - The examination fee is $220 for a utility patent; $140 for a design patent; and $170 for a plant patent. Patent Maintenance Fees - The maintenance fee for patents is $980 at the 3.5-year interval; $2,480 at the 7.5-year interval; and $4,110 at the 11.5-year interval. Other Applicable Fees - Other fees may be necessary during the prosecution of a patent and the patent's 20-year term. These may include extension of time fees, post-issuance fees, financial service (administrative) fees and trademark processing fees. Additional fees will be incurred if a patent application needs to be appealed. Fees for Additional Claims - If a patent application contains more than 3 claims, an additional $220 is charged (per claim). The cost of more than 10 claims is $52 per claim.More on Prior Art
Remember, while patent searching is a big part of prior art , it is not everything. If someone has made your invention before you without patenting that still counts against your patentablity. A complete search for prior art might include for example: searching non-patent literature such as any magazine, newspaper, or trade paper article written about inventions like yours also a complete search would include international patent documents (online) and not just those found at the USPTO. Do not make the mistake of believing that just because no one else is selling your product that it does not already exist. After determining that your idea is patentable and qualifies for a patent - you now need to decide if the expense of patenting is worth it.The Average Cost to Patent an Invention
No entity that works professionally with the patent process publishes any average of the cost involved in patenting an invention. The U.S. Patent and Trademark Office simply publishes a list of the office fees, while the magazine IP publishes some ballpark numbers qualified with pages of discussion and the law firm Oppedahl Patent Law throws out a few numbers. state that an invention's complexity greatly determines the cost of the patent process.Provisional Application
If you have a patentable invention, filing a provisional patent application can provide temporary protection of your intellectual property rights while you develop your idea further or seek funding. Provisional applications have a lower fee than non-provisional applications -- and you don't have to make formal claims or provide the same level of detail about your invention. Additionally, provisional applicants don't have to wait for the USPTO to examine the contents of the application. Your provisional application is valid 12 months from the date you file it -- and you can use the phrase "patent pending" in connection with your invention during that time.