http://www.uspto.gov/web/offices/com/iip/index.htm

General Information on Patents by the USPTO

Information

What is a Patent?

When most people think of a patent, they think of a utility patent.  A utility patent is a grant from the US Government to an inventor that protects his or her invention in the United States that begins when granted and normally ends 20 years from the date the application was filed.  A patent gives you the legal right to stop someone else from making, using, selling, or importing your invention without your permission.  This legal right is enforceable in a court of law.

Utility patents are for a new, non-obvious, and useful

  Process

  Machine

  Article of manufacture

  Composition of matter

  Improvement of any of the above

What cannot be patented

  Laws of nature

  Physical phenomena

  Abstract ideas

  Literary, dramatic, musical, and artistic works (these can be Copyright protected)

  Inventions which are:

    Not useful (such as perpetual motion machines)

    Offensive to public morality

There are two other kinds of patents: a design patent and a plant patent.  A design patent protects an ornamental design.  The design patent begins when granted and ends 14 years later.  A plant patent protects an asexually created man-made plant.  A plant patent begins when granted and normally ends 20 years after the application filing date.

What are the requirements for a Patent?

The invention must be useful, novel, non-obvious, adequately described in an application, and claimed by the inventor in clear and definite terms.  In addition, the invention must not be publicly known more than one year before the patent application is filed.  For example, if you have been selling the invention for two years, you cannot get a patent on it.

How do I know my invention is patentable?

Patentability decisions on applications are made by the Patent Office.  The applicant makes his or her case for patentability during the application process.  Normally, in order to form a judgment whether an invention is patentable, an applicant will make a search of previous public disclosures (prior art) including US patents.  After the search is made, a review is made to determine the likelihood of obtaining a patent.

After an application is filed, the Patent Office will conduct its own search as part of the official examination process.  The Patent Office will then form its own opinion on patentability and issue an office action.

How long does it take to get a patent?

This is difficult to determine because the time from application to the grant of a patent varies widely based on what kind of patent it is, complications during the application process, examiner rejections and requirements, the patent backlog in the particular examining group, etc.  However, a rough estimate for a utility patent is 2 to 3 years from the application filing date.  Some areas are currently taking a much longer time, such as business methods.  More and more patents are filed every year, and the Patent Office is working on addressing the length of time to obtain a patent.

What are the Patent Office fees to obtain a patent?

The Patent Office can change their fees related to patent applications without prior notice, but an abbreviated list for a Utility patent is in the next table:

Abbreviated US Patent and Trademark Office (USPTO) Utility Patent Fees

Fee Schedule for Sept 2007, Utility
	Large      Business	Small      Business
Utility Basic Filing fee after 12-8-04	310.00	155.00
Independent claims in excess of three	210.00	105.00
Claims in excess of twenty	50.00	25.00
Multiple dependent claim	370.00	185.00
Utility Search Fee	510.00	255.00
Utility Examination Fee	210.00	105.00
Utility issue & Publication fees
Utility issue fee	1,440.00	720.00
Publication fee	300.00	300.00
Patent Maintenance Fees
Due at 3.5 years	930.00	465.00
Due at 7.5 years	2,360.00	1,180.00
Due at 11.5 years	3,910.00	1,955.00

To summarize, the USPTO fees for the simplest utility patent, small business fee reduction, readily granted by the USPTO, and without any complications:

Filing, Search, Exam Fee (paid at filing)                               $515.00

Filing, Search, Exam Fee for Secure Internet Filing               $435.00

Issue Fee and Publication fee (paid when allowed)              $1,020.00

Patent Maintenance Fees (paid periodically after granted)   $3,600.00

A current list of the USPTO fees can be found on the USPTO website.

Patent Search (simple - moderately complicated):                                   $500.00 - 1,000.00

Response to office action on the merits:                                                 $500.00 - 1,500.00

These fees are in addition to the USPTO fees.

What are typical steps to obtain a US utility patent?

Often, the patent application process will follow these general steps:

1. Search of prior art.

2. Utility application filed at the USPTO.

3. Examiner at Patent Office examines application and issues first office action.

4. If examination favorable, patent proceeds to issue.  If not favorable, applicant files response to argue patentability.

5. Examiner re-examines application, and issues another office action.  If favorable, patent proceeds to issue.  If not favorable, applicant files additional response to argue patentability.

6. Examiner and applicant continue this process until the application is allowed, the applicant files an appeal, or the applicant discontinues.  This process may include filing requests for continued examination (RCE), various appeals, and other papers which involve additional fees.

Each patent situation is unique, and may deviate from the above steps.

Does a US patent provide patent protection in other countries?

No.  An applicant may also choose to file a Patent Co-operation Treaty (PCT) application to start the international application process.  The applicant must file a PCT application within 12 months of the US application filing date.  If the applicant wishes to obtain patent protection in foreign countries, the applicant should be prepared for significant expense ($5,000 to $15,000) in each country. 

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