SUBSCRIBE TO FEEDThere are many more things involved in applying for a patent than merely filling out an application and submitting a set of drawings or plans for examination. Receiving a patent can take as long as three years, and during this period, a number of steps or processes are undertaken before a patent is either accepted or rejected by the patent office authorities. Generally, the steps involved in the patent process are as follows:
The patent application should include the full specifications of the item or items being patented. These specifications should include as much detail as possible about the items to be patented, including claims of the usefulness of the item, drawings, and any other material that will be useful to pass the keen scrutiny and observation of the patent office examiners.
After completing the patent application, it is filed at the patent and trademark office and appropriate filing fees paid. These fees can run from several hundred dollars for smaller entity applications requiring less examination, to several times that much, especially if intensive laboratory testing and examination by patent office examiners is required. The examination process alone can take several months and result in the application being either accepted for a patent or denied. Only after the examinations are completed will the patent Examiner notify the inventor as to whether the application will be given a patent.
As many patent applications either have errors or turn out to be similar to inventions already patented, the examiner may either reject the application entirely or recommend further examinations. It is also possible to reply to the examiner/s with amended claim information in order to have further consideration given in respect to granting a patent. Even if a final rejection notice has been given by the patent examiner, an appeal can be made to re-file the application for new examination.
If the examination ends favorably, a notice is then given for submission of formal patent specifications, including drawings, and for the payment by the applicant of the required patent issue fee, which runs around $130.
Although patents are generally in force for a period of 20 years, maintenance fees are usually required to be paid at various intervals during the patent’s lifetime. These maintenance fees can cost from $460 for small entities every 3.5 years, to $3,900 for large entities every 11.5 years. The general rule requires a larger maintenance fee for a longer period of time.
During the patent application period, a number of fees and charges may have been paid, including search reports, petitions, search fees, and of course legal and administrative fees, should the services of a patent attorney and patent agent be used. But these charges may be well worth paying if the final issued patent prevents others from profiting on the same invention or idea without giving just compensation to the patent holder. If the patent owner sells the patent, these fees are usually well worth it.
Sources: Inventors Committee: Short Description of the Patent Process
Written by IP Patent News
