Applied Patents and Trademarks

PATENTS

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1.  A patent is:

    - any NEW and USEFUL process, machine, manufacture, or composition of matter can be patented.

    - any NEW and USEFUL improvement to any process, machine, manufacture, or composition can be patented.

2.  Patents are/become important and valuable property rights and, like real estate property, are transferable and the transfers are recordable in the Patent and Trademark Office.

3.  A patent gives the patent holder the right in the U.S. to keep others from making, using, selling, or offering to sell the invention covered by the patent in the country patented.

4.  IMPORTANT THINGS TO KNOW ABOUT A PATENT

    - filing a patent application is very costly.

    - not every patent application will result in a patent.

    - most patents do not make money.

    - Search first (takes about 3 weeks). Average search costs for a basic case generally ranges between $875-$1400 and includes about 2-3 hours attorney time in processing the search request and result and communicating each to you.

5.  The total initial cost for filing a basic case with the Patent and Trademark Office [PTO] ranges from about $4,600 to $6,000 [this includes the filing fee, drawing costs, and attorney fee]. 

6.  A basic case generally is defined as one which:

    a.  does not exceed 20 total pages,

    b.  has not more than 20 total claims and not more than 3 independent claims, and

    c.  includes not more than 2 drawing sheets.

7.  Extra costs possible:
 
    a.  Excess claims and excess drawings will result in extra costs. 

    b.  Excess pages may result in extra costs.

8.  As soon as an application is filed with the Patent and Trademark Office (PTO) your invention is 'patent pending'. All applications are assigned to a Patent Examiner for detailed examination. Generally there will be additional services and requirements and costs on most applications. When you retain a patent lawyer to process an application for you, these potentialities, and cost ranges, should be explained ahead of time so that you may make an informed decision on whether or not even to file a patent application

Link to the Patent section of the PTO.

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