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Patents
How do you know if something is patentable?
For an invention to be patentable it must meet 3 requirements. The first is that it must be new or novel. If the invention is described in a printed publication or patent anywhere in the world or is in public use or on sale in the United States for more than one year before the filing date of a patent application, it is not new or novel.
Second, the invention must be useful. For this requirement to be met, the invention must serve a useful purpose. Lastly, the invention must be non-obvious to one normally skilled in the art. An invention is “obvious” if the "finding[s] as to the specific understanding or principle within the knowledge of a skilled artisan that would have motivated one with no knowledge of the invention to make the combination in the manner claimed.” Kotzab, 217 F.3d at 1371
What types of patents are there?
There are three different types of patents. The first is the Design Patent which is used for items that have ornamental characteristics. The second type is the Plant Patent which is utilized to describe a new variety of asexually produced plants. On the third and most common type of patent is the Utility Patent. A Utility Patent describes a useful process, machine, article of manufacture, composition of matter or business methods.
Now that I have decided it is patentable, what do I need in order for a Patent to issue?
In order for a utility patent to issue the application must meet three requirements of criteria. First it must have a well developed written description. This ensures that other skilled artists within the same industry would be able to depict and contrast what useful purpose machine composition or business method is being patented. The next element is it must be enabling. This means that all specifications and drawings must be attached to depict exactly to the minutest degree all the elements and claims that are being requested to be protected. The last criterion is that you must disclose the best mode. Best mode means the best method in which to achieve the exact same results that are being patented.
What is the process?
Once you determine what type of patent application to file you then need to determine whether or not you need international protection or just US protection. Once this determination has been made, next you begin the writing of the patent application. The application is then filed either with the provisional or non-provisional type application which determines the steps that would follow next. The application fees can range and a minimum of $220 and can rise to several thousands of dollars depended upon the patent. Either way, approximately 35 months later, and usually after several office actions (communications back and forth with United States patent and trademark office) your patent grant will issue upon receipt of the Search, Examination, issue and publication fees which varies per patent, based on the type of patent you are applying for and the number of independent claims contained within the patent. These fees can range and a minimum of $240 and can rise to several thousands of dollars depended upon the patent. Ongoing fees will include maintenance fees that are due 3 1/2, 7 1/2, and 11 1/2 years after the patent was granted, which cost $980/$2480 and/$4110 respectively. If you're filing in the US and internationally concurrently there could be some reduced international fees paid to the USPTO as well. Depended upon whether your international is flowing towards the EPO, IP AU, or the KIPO the fees will vary. For more specific quote for international filing, please correspond with us directly.
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