Meaning of Novel, Nonobvious, and Useful
New and Novel: For a United States patent the invention must never have been made public in any way, anywhere in the world, a year before the date on which an application for a patent is filed. Original and Nonobvious: An invention involves an inventive step if, when compared with what is already known, it would not be obvious to someone with a good knowledge and experience of the subject, for example, if you just make cosmetic changes that is obvious. Useful: This means that the invention must take the practical form of an apparatus or device, it has to do something.The Main Reason Why
You have to do (or hire someone else to do) a patent search before investing in the cost of patenting . Even if you hire someone else to do the patent search for you and that is highly recommended for beginners - do a preliminary search yourself and bring that research to the intellectual property attorney or agent that you hire . Doing so will save you money, plus provide the other benefits mentioned above.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.Typical Filing Fees for an Independent Inventor
$625 - $825 for the filing fee with no more than 3 claims, which is non-refundable whether or not a patent is granted. This is the fee to have your application "examined" by the USPTO and your patent application may be rejected.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.