Patent Laws - Functions Of The USPTO
Patent law specifies the rules for patents. The USPTO administers all patent laws relating to the granting of patents and various other provisions relating to patents. They will examine your applications and grant patents when applicants are entitled to them. They publish and distribute all patent information including: recording assignments of patents, maintaining search files of U.S. and foreign patents, maintaining a search room for public use in examining issued patents and records, and suppling copies of patents and official records to the public.Patentability Search
If you do a quick search and don't find your idea the next step is to get a professional patent search. Why? Because a professional patent searcher will find the patents that you cannot. If you are an inventor that is interested in making money from your idea you want to know what other people have patented. Almost always it is money well spent. If a professional search turns up patents that are similar to your idea, you can make an informed decision whether you move forward with the idea or not. If nothing turns up in a professional search it can energize you to finish evaluating and developing your idea. Now could be a good time to get a patent. Check out how to patent an invention. Both outcomes are equally important and you should celebrate either one. When you find your great idea has already been patented you can pat yourself on the back for saving thousands of dollars and lots of hours of your time. If your idea turns out to be original and you decide to pursue it, get to work. Inventors really can make a lot of money with an original product idea.Attorney Fees / Invention Complexity
The USPTO, IP Watchdog and every patent law firm strongly recommends that inventors hire a patent agent or attorney to prepare the application. IP Watchdog reminds inventors that not only is the process confusing, but a patent is a legal document that uses the language found in the application and patents can only be protected in court, where every word in the document matters. IP Watchdog reports that the median cost of a patent attorney is around $250 an hour, higher in urban areas (Quinn suggests hiring an experienced attorney that works in an area with a low cost of living as a way to control costs, as opposed to hiring an inexperienced attorney). Quinn states that, depending on the complexity of the invention, attorney fees for conducting a search and preparing an application with drawings usually run between $7,000 and $15,000. The more complex an invention, the longer the attorney spends researching related patents, writing up a detailed description and outlining exactly what the patent should protect. Drawings also take longer the more complex the invention is, and USPTO rewrites can be more difficult.How To Conduct a Patent Search
you can do a patent search online. The U.S. Patent and Trademark Office (1790 - Present) and Delphion (1974 - Present) both provide free online databases. You can searching using keywords or phrases that describes your invention. Look for common terms describing the invention and its function, effect, end-product, structure, and use. The results will list the title and number of all patents related to your keywords (l976 forward only). The title link will take you to the full text of the patent. You will not be able to do a complete search online for a pre-1976 patent unless you know the exact patent number. With online patent be sure to examine other referenced patents that the inventor has listed.USPTO Fees
The USPTO charges fees at every step of the patent process and these fees are the only fixed cost in the process. The USPTO charges a required $330 to file an application, $540 for a search, $220 for an examination, $1,510 to issue the patent if it passes the examination, plus $7,750 in maintenance fees over the 20 years that the patent is in force. Hence, the total to file and go through the process is $1,090, but the total to receive the patent and keep it in force is $10,350. Note that independent inventors and small businesses receive a 50 percent discount on fees but that the USPTO charges more for extra or late paperwork.