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.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.Why is classification so important?
While it is possible to search patents using keywords, the best way to conduct a comprehensive patent search is by classification. Classification helps bring together similar devices and concepts, even when different terms have been used to describe them. When a device is truly new, terminology is not set. For example, before personal computers a mouse was nothing more than a rodent. The inventor of the first "Computer Input and Display Control" would not have found related devices by searching the keyword "mouse." A classification is used both as a tool for finding patents (patentability searches), and for assisting in the assignment of patent applications to examiners for examination purposes. Classifications have definitions. Classifications have hierarchical relationships to one another.What is reissue?
Patent law states "On taking up an application for examination or a patent in a reexamination proceeding, the examiner shall make a thorough study thereof and shall make a thorough investigation of the available prior art relating to the subject matter of the claimed invention." This means that prior art could disqualify your application for a patent.What is prior art?
Prior art is all information that has been disclosed to the public in any form about an invention before a given date. Prior art includes things like any patents related to your invention, any published articles about your invention, and any public demonstrations. prior art is "the total body of knowledge, which teaches or otherwise relates directly to an invention. This is the primary criteria in determining the patentability of a new invention. Establishes novelty and unobviousness of the art that relates to the invention in question. Prior art references include documentary sources such as patents and publications from anywhere in the world, and nondocumentary sources such as things known or used publicly."