What is the difference between a patent, a trademark and a Copyright?

A patent provides the ability to exclude others from using an invention.  A trademark is a word or symbol that identifies the source of goods.  A copyright protects original works such as literature, music, and art. 

Can any attorney file a patent application?

No.  Only a licensed patent practitioner may properly file a patent application for another.

How long does it take to obtain a patent?

While the time may vary depending on the nature of the invention, it generally takes anywhere from fifteen months to thirty months for the patent examination process to be completed.

What is the term for a patent?

The current general term for a utility patent is twenty years from the application date.  The term for a design patent is currently fourteen years. Other terms may apply depending on when the application was filed, and any term adjustments made by the patent office. 

What is a patent search?

A patent search is intended to identify previous disclosures of the same or similar invention.  Most searches are confined to issued patents and published patent applications in this and foreign countries.  

How much does it cost to obtain a patent?

The cost of obtaining a patent is dependent upon a variety of factors, including the complexity of the invention, the number of claims made, and the nature and content of the USPTO office actions and responses thereto.  A relatively simple application with drawings may cost between $5000 and $10,000, while more complex applications may cost substantially more. 

What is a PCT Application?

A treaty known as the Paris Convention Treaty, or PCT, allows a single "international" patent application to be filed simultaneously in over 125 Paris Convention Countries.  Such a filing obviates the need to file separate initial applications in numerous countries or regions.  After an international search, publication, and preliminary examination, the application enters the "National Stage".  The applicant then pursues the patent grant directly with the patent offices in the countries in which patent protection is sought.  The actual grant of the application remains under the control of the individual countries or regions. 

How important are shop notes?

Properly recorded and witnessed shop or laboratory  notes may provide the necessary evidence to establish the applicant's right to an invention. The United States is presently a "first to invent", rather than a "first to file" patent system.  Therefore, an issue may arise as to who was the first to develop an invention. Shop notes should document the conception of the idea, as well as diligence in reducing the idea to practice.

What does "Patent Pending" mean?

The designation "Patent Pending" denotes that an application for patent protection has been filed in the patent office.  Persons who improperly designate an article with intent to deceive may be subject to a fine.

What is "Prior Art"?

Patent laws provide that whoever invents or discovers any non-obvious new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent unless the invention was known or used by others, was previously patented, or was described in a printed publication. To find out if a claimed invention is truly new and useful and not already known or used, the patent examiner performs a search of the prior art, or information  available to the inventor at the time of the invention.  Prior art includes patents, published patent applications, newspapers, magazines, books, videos, and just about anything else that reveals a similar idea or invention.  

What is a "Patent Search"?

A patent search is a search to find prior art.  Pre-application searches are conducted of U.S. Patents and published patent applications.  The patent examiner's search may include foreign patent publications as well as the internet, publications, library data bases, etc.   The search is intended to determine whether an invention is patentable  A properly conducted pre-application search may save the applicant time and money by identifying prior art that will impact patentability.