Beware the Watch Dogs: Watch dogs are referred to by many names, some of which cannot be printed here. Corporations will use important sounding names when they hire individuals to watch for incoming patents that may conflict with their own interest. For the inventor, an unethical corporation can create and back date documents to make it look like they invented it first. Then they tie the inventor up in the courts while they go ahead and market the invention as if it was their own, as in the case of Farnsworth’s invention of television.
Before applying for a patent, be sure that you have documents of proof that you are the true inventor. One common method of self protection is to put certified and notarized copies of your documentation into an envelope or package and mail it to yourself with return receipt requested. When it returns, put it unopened in a safe place. That will be important proof should you wind up defending yourself in court.
The following information was aquried from, and can be found in greater detail, at the following web site:
http://www.uspto.gov/web/offices/com/iip/patents.htm#Patent For greater detail and information we recommend visiting the web sites listed in the Web Sites of interest below.
Table of Contents
What is a patent?
Who can apply for a patent?
What can and cannot be patented?
How do I know if my invention is patentable?
How long does patent protection last?
How much does it cost to get a patent?
What is a PCT application?
Web Sites of interest:
What is a patent?
A patent is a property right granted by the Government of the United States of America to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the invention when the patent is granted.
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Who can apply for a patent?
A patent may be applied for only in the name(s) of the actual inventor(s).
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What can and cannot be patented?
What can be patented – utility patents are provided for a new, non-obvious and useful:
Process
Machine
Article of manufacture
Composition of matter
Improvement of any of the above
Note: In addition to utility patents, encompassing one of the categories above, patent protection is available for (1) ornamental design of an article of manufacture or (2) asexually reproduced plant varieties by design and plant patents.
What cannot be patented:
Laws of nature
Physical phenomena
Abstract ideas
Literary, dramatic, musical, and artistic works (these can be Copyright protected). Go to the Copyright Office.
Inventions which are:
Not useful (such as perpetual motion machines); or
Offensive to public morality
Invention must also be:
Novel
Non-obvious
Adequately described or enabled (for one of ordinary skill in the art to make and use the invention)
Claimed by the inventor in clear and definite terms
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How do I know if my invention is patentable?
First, look to see whether your invention qualifies.
Second, learn the basics of the patenting process from the materials provided by the USPTO at 800-PTO-9199 or 703-308-HELP or under "General Information."
Next, a search of all previous public disclosures (prior art) including, but not limited to previously patented inventions in the U.S. (prior art) should be conducted to determine if your invention has been publicly disclosed and thus is not patentable. A search of foreign patents and printed publications should also be conducted. While a search of the prior art before the filing of an application is not required, it is advisable to do so. A registered attorney or agent is often a useful resource for performance of a patentability search. After an application is filed, the USPTO will conduct a search as part of the official examination process. Conducting a thorough patent search is difficult, particularly for the novice. Patent searching is a learned skill. The best advice for the novice is to contact the nearest Patent and Trademark Depository Library (PTDL) and seek out search experts to help in setting up a search strategy. If you are in the Washington, D.C. area, the USPTO provides public access to collections of patents, trademarks, and other documents at its Search Facilities located in Alexandria, Virginia. These facilities are open weekdays (except holidays) from 8:00 a.m. to 8:00 p.m. For further information on search services offered at the USPTO, please refer to Public Search Services offered by the USPTO.
You should not assume that your invention has not been patented even if you find no evidence of it being publicly disclosed. It's important to remember that a thorough examination at the USPTO may uncover U.S. and foreign patents as well as non-patent literature.
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How long does patent protection last?
For applications filed on or after June 8, 1995, utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date you first applied for the patent subject to the payment of appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. No maintenance fees are required for design patents.
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How much does it cost to get a patent?
Fees vary depending on the type of patent application you submit. Fees may also vary according to the way you "claim" your invention.
There are three basic fees for utility patents:
The filing fee, which is non-refundable whether or not a patent is granted. (This is the cost to have your invention "examined" by the US Patent and Trademark Office - remember, you may or may not get a patent!).
The issue fee (you pay this only if your application is allowed).
Maintenance fees (paid at 3 1/2, 7 1/2, and 11 1/2 years after your patent is granted - these fees "maintain" your legal protection).
Additional fees may be required.
Typical fees are as follows (these are only intended to give you a "ballpark" estimate) these fees do not reflect all the possible variations in filing and patenting your invention - also, these fees are subject to change - thus, you are strongly advised to check the current fee schedule before submitting your application.
Typical filing fees for an Inventor when application filed with a written assertion of small entity status (See Simplified Small Entity Status Practice):
Filing a provisional application. (More information) $100
Filing a non-provisional application. (More information) Approximately $150*
Issue fee Approximately $650
Maintenance fees:
Due at 3 1/2 years Approximately $450
Due at 7 1/2 years Approximately $1150
Due at 11 1/2 years Approximately $1900
* Does not include the search fee or examination fee.
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What is a PCT application?
The Patent Cooperation Treaty (PCT) is an international agreement for filing patent applications having effect in many countries around the world. Although the PCT system does not provide for the grant of “an international patent,” the system simplifies the process of filing patent applications, delays the expenses associated with applying for patent protection in foreign countries, and allows the inventor more time to assess the commercial viability of his/her invention. Under the PCT, an inventor can file a single international patent application in one language with one patent office in order to simultaneously seek protection for an invention in the PCT member countries.
For more information see:
PCT Legal Administration Home Page
WIPO PCT Systems Home Page
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Web Sites of interest:
http://www.uspto.gov/ .............................................. US Patent and Trademark Office
http://www.uspto.gov/main/patents.htm ................. Patent information
http://www.uspto.gov/smallbusiness/ ..................... StopFakes.gov/smallbusiness
http://www.commerce.gov/ ...................................... Department of Commerce
http://www.google.com/patents ............................... Google Patent Search
http://patents.cos.com/ ............................................ COS Patent Search
http://www.trademark.com/newsite2/index.html ... Trademark.com
Disclaimer: TechNeer provides these links solely for the convenience of the TechNeer visitor. TechNeer does not endorse these companies' products nor the accuracy of any information presented on their web sites.
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