Patenting and USPTO Patent Applications - What is a patent? What kinds of patents are there? What is the USPTO?
Some people may confuse patents, copyrights, and trademarks. Although there may be some similarities, they are different and serve different purposes. Read What Do I Need? or Understanding Intellectual Property if you need to understand the differences better. Patents and trademarks are both issued by the USPTO.Do a Patent Search
Would you like to see a real patent ? You can! Finding patents is almost like being a detective. A patent search is something that all inventors have to do before they can patent their invention. It lets inventors find out if anyone else has ever invented the same invention. Another benefit is that conducting a patent search is also a great way to find out about the history of old inventions.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.How to Patent Your Idea
Contrary to popular belief, you can't get a patent for something that's still in idea form; you must be able to apply your idea in a concrete way. This doesn't mean that you have to build a prototype of your invention before you can get a patent. However, you have to be able to draw or describe it in enough detail so that someone else could make it and use it. Have a question? Get an answer from a lawyer now!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.