Below you'll find some frequently asked questions. Can't find what you're looking for? Contact us directly!
Patenting your idea is a rather involved process. The process requires some strong decision making skills on your behalf and a strong belief and motivation that your idea is worthwhile and noteworthy. We at Brainstorm Patents value everyone's ideas. We know that many ideas require a lot of time and effort to to see them through, and we respect anyone that has the drive to turn an idea into reality.
One of the steps to turning an idea into reality is patenting your idea. This process typically begins with a patent search conducted by Brainstorm Patents to reveal existing patents and products that may cover the basic ideas and concepts of your idea. If the patent search comes up favorably, it is typical for an inventor to proceed with filing a provisional patent application with the USPTO. The provisional patent application serves as official paperwork documenting the details and filing date of your invention (think of it as a bookmark on a timeline).
Once the provisional application is filed, you have obtained "Patent Pending" status for one year. During this year, it is strongly suggested that you begin to research the marketability of your idea. If the market is strong, most people will proceed with the filing of a utility patent application. This application is the final step in the process of patenting your idea. After an examiner reviews the application, it will be accepted and you will be given a patent number, or it will be denied and the idea must seek other avenues of protection.
In order to patent your idea, it must meet certain criteria. Your idea must be novel, non-obvious, and useful. Typically, in order to be patented your idea must fall under one of the following: machines, articles of manufacture, methods or processes, compositions of matter. Ideas that fall under the following categories are not patentable: purely mental processes, mathematical algorithms or formulas, naturally occurring things, scientific principles, inventions solely useful in making atomic weapons, and human beings.
A direct quote from the USPTO:
Since June 8, 1995, the USPTO has offered inventors the option of filing a provisional application for patent which was designed to provide a lower cost first patent filing in the United States and to give U.S. applicants parity with foreign applicants. Claims and oath or declaration are NOT required for a provisional application. Provisional application provides the means to establish an early effective filing date in a patent application and permits the term “Patent Pending” to be applied in connection with the invention. Provisional applications may not be filed for design inventions.A utility patent is what most people think of when they talk about patents. A utility patent is the final step in the patenting process. A provisional patent provides an effective filing date for your idea, but does not mean anything unless it is followed up in 12 months or less by a referencing utility patent. A utility patent is a patent that covers machines, articles of manufacture, methods or processes, and compositions of matter. A utility patent has a term of 20 years and provides legal protection of your idea in the case of someone trying to copy or reproduce your idea without your consent. A utility patent only provides protection from the date of your application filing, not for any time before.
If only there was a straight answer to this question! Unfortunately, the USPTO is a large government entity with many, many different components that must work cohesively. Each patent must make its way through various departments at the USPTO before it even gets assigned to an examiner. Depending on the patent area, the backlog may be very long (like biochemical and computers), or it could be less. The average time for a patent is hovering between 24 and 36 months (yes, 2 to 3 YEARS!) to complete the utility patent application process. There is a good article citing specifc details and numbers at IPWatchdog. For the specific patent backlog details, please follow this link - USPTO Backlog. Unfortunately, the trend continues to reflect a larger backlog and longer wait times for patents. Below is a table showing some numbers from the IPWatchdog article. First Action Pendency is the time it takes between application submission and the first response from the examiner. You can see that it takes about 6-10 months after first review from the examiner to complete the process. In other words, don't expect a quick turnaround on your application!
We wish that we could help you become wealthy that easily! While we strive to help in any way possible to make you rich (remember us when you do strike it big!), receiving patent approval does not instantly equate into success. Obtaining a patent only proves that you have a concept that is novel, useful, and non-obvious. It doesn't prove that there is a large market, or even a small market for your concept. Again, we certainly want to help everyone attain the highest levels of success, so let us know how we can help and we will. One depressing statistic on "financially viable" patents - of the patents that are approved, only 3% are ever financially successful. Here's hoping that your patent is in the 3%!
We wish that we could help you become wealthy that easily! While we strive to help in any way possible to make you rich (remember us when you do strike it big!), receiving patent approval does not instantly equate into success. Obtaining a patent only proves that you have a concept that is novel, useful, and non-obvious. It doesn't prove that there is a large market, or even a small market for your concept. Again, we certainly want to help everyone attain the highest levels of success, so let us know how we can help and we will. One depressing statistic on "financially viable" patents - of the patents that are approved, only 3% are ever financially successful. Here's hoping that your patent is in the 3%!
In a nutshell, as far as the USPTO is concerned there is no difference. The difference lies outside of the USPTO. Patent Agents CANNOT conduct patent litigation in the courts (defend your patent in the court system) or perform various services which the local jurisdiction considers as practicing law. Relax, you're covered.
Straight from the USPTO:
Most inventors employ the services of registered patent attorneys or patent agents. The law gives the Patent and Trademark Office the power to make rules and regulations governing conduct and the recognition of patent attorneys and agents to practice before the Patent and Trademark Office. Persons who are not recognized by the Patent and Trademark Office for this practice are not permitted by law to represent inventors before the Patent and Trademark Office. The Patent and Trademark Office maintains a register of attorneys and agents. To be admitted to this register, a person must comply with the regulations prescribed by the Office, which require a showing that the person is of good moral character and of good repute and that he/she has the legal, and scientific and technical qualifications necessary to render applicants for patents a valuable service. Certain of these qualifications must be demonstrated by the passing of an examination. Those admitted to the examination must have a college degree in engineering or physical science or the equivalent of such a degree.The Patent and Trademark Office registers both attorneys at law and persons who are not attorneys at law. The former persons are now referred to as “patent attorneys” and the latter persons are referred to as “patent agents.” Insofar as the work of preparing an application for a patent and conducting the prosecution in the Patent and Trademark Office is concerned, patent agents are usually just as well qualified as patent attorneys, although patent agents cannot conduct patent litigation in the courts or perform various services which the local jurisdiction considers as practicing law. For example, a patent agent could not draw up a contract relating to a patent, such as an assignment or a license, if the state in which he/she resides considers drafting contracts as practicing law.