Exploring The Basics Of Patent Preparation

How To Determine Patentability

One way to determine if your invention is patentable is to hire a patent attorney to conduct a search for you. While this can be effective, it can also be expensive. As a panel attorney, I often advise my clients to start by doing their own research.

You know your invention and market better than anyone, so begin by searching the market for similar products or ideas. Do not be afraid to face reality—if your invention is not new, you will likely discover this during your search. This can help you avoid wasting money on a patent application for something that may not qualify for protection.

Another important point to consider is timing. When you disclose your invention—whether to a partner or the public—you may trigger a grace period, during which you must apply for a patent if you still want protection. In the United States, for example, you generally have one year from the date of disclosure to file a patent application. Make sure you keep track of when you first disclosed your invention, as this can affect your ability to obtain a patent.

It is also essential to understand that not every new invention is patentable. The subject matter of the invention plays a critical role. This is where a patent attorney can provide valuable guidance. Even if your idea is innovative and new, the United States Patent and Trademark Office (USPTO) may not grant a patent on certain types of inventions.

For example, business methods, no matter how novel, are often difficult to patent. A patent attorney can help determine whether your invention falls into a category that is patentable or suggest ways to modify it to improve its chances of being approved.

In summary, when determining if your invention is patentable, you can start by researching the market yourself to assess its novelty. However, when it comes to determining if the subject matter is eligible for a patent, it is best to consult with a lawyer. Also, be mindful of your disclosures—once you disclose your invention, you may limit your ability to file for patent protection if you do not act within the grace period.

How To Apply For A Patent

Navigating the patent application process can be taxing and intimidating, but it also brings with it a degree of excitement. With the right guidance, it becomes a far more manageable and rewarding experience than it would otherwise be.

You will do well to begin by consulting with a patent attorney. To get started, you will need to disclose your invention details to the attorney, who will then draft the patent application. Once drafted, you review and revise the application until it’s ready for submission. You’ll then file your application with the USPTO.

Throughout the process, it’s important to ensure you haven’t prematurely disclosed the invention or, if you did, that you’re still within the allowable time frame to apply for the patent. Keeping information confidential or under an NDA is key to safeguarding your rights and your business’s competitive edge.

John Lin, a seasoned patent attorney and founder of J. H. Lin Patent Law PC, has guided countless startups through the intricate process of determining patentability and protecting their intellectual property. With years of experience in helping innovators safeguard their inventions, John deeply understands the technical and legal challenges involved.

He has helped several clients assess the novelty of their ideas and navigate the complexities of patent law, and he’s ready to do the same for you.

Reach out to John today to protect your innovation and ensure your invention’s success.

How Does A Patent Cost?

The cost of patent preparation varies based on the complexity of your invention. For drafting a patent, I typically charge between $5,000 for simpler inventions and up to $10,000–$12,000 for more complex ones.

In addition to attorney fees, there are filing fees with the USPTO. For small entities (50 people or fewer), the application fee is around $700, while for larger entities, it’s closer to $1,200. These fees can fluctuate, so it’s best to check the USPTO website for the most current amounts.

While the filing fees themselves aren’t too high, the main cost comes from the drafting process. With that said, hiring an attorney for this is highly recommended, as attempting to draft a patent on your own can lead to costly mistakes that will far outweigh the cost of hiring an attorney to assist you.

Tip: Consider Filing A Non-Provisional Patent First

A provisional patent is a preliminary filing that can be less formal and doesn’t require the full details or formal structure of a non-provisional patent. In fact, it can be as simple as jotting down your idea on a napkin. The purpose behind them is to establish an early filing date, proving that the idea was yours and yours alone as of the date. You then have one year to refine and properly draft the application into a non-provisional patent, which is the formal, fully developed version.

Provisional patents are particularly useful when you need quick protection, such as when you plan to discuss your invention with potential buyers and want to ensure your idea is secure. Filing a provisional patent allows you to protect your invention quickly while giving you time to prepare the more detailed non-provisional patent, which must meet all the legal and technical requirements for examination by the United States Patent and Trademark Office (USPTO).

If you’re filing a provisional patent, the process can be very quick—sometimes as fast as one day. This allows you to establish protection immediately and gives you up to one year to prepare and file a more formal non-provisional patent.

The timeline for a non-provisional patent depends on several factors. Patent attorneys often have heavy workloads, and drafting a non-provisional patent typically takes around two to three months. In some cases, it can take up to a year. However, if all the necessary disclosure materials are available and ready, the drafting process can be completed in as little as a week, depending on the attorney’s schedule.

Once the patent is filed, the next stage involves waiting for a response from the USPTO, which can take much longer. The full timeline for obtaining an approved patent depends on many factors, but the preparation and filing process typically falls within the timeframes outlined here.

Still Have Questions? Ready To Get Started?

For more information on The Basics Of Patent Preparation, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 489-9794 today.