- To determine if you need a PATENT, TRADEMARK, or COPYRIGHT,
think about your invention and what it is, what it does, and what
it is for.
- Then click on each of the following links to review the definitions
for a patent, trademark,
and copyright to see
which one would best protect your idea.
- If you still have questions, please contact
us and let us determine how to best protect your idea.
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 Is
my idea Patentable?
The first step in the patenting process is to determine if you idea
is patentable. Some questions you need to ask yourself...
- Will a patent protect my idea?
- Has my idea already patented
or publicly disclosed by somebody else? This is determined
by a limited patent search.
- Did I try to sell my idea or publicly
disclose it more than twelve months ago?
Should
I hire a Patent Attorney?
- If you have determined your idea IS patentable, you should hire a patent attorney. Only a patent attorney
or patent agent can submit a patent application to the PTO for you.
- The patenting process can be very confusing and at times overwhelming.
You should have an experienced
trusted legal team to guide you through the process.
Why
should I use you ? Free ?
- The first service we perform is a FREE patentability analysis.
- We take your information and do a 4 step analysis to determine
if your idea can be protected by a patent.
What
is a "LPS"
- LPS stands for limited patent
search.
How
do I become a Client?
- If your idea appears to be patentable and we agree to accept you
as a client, we will give you an estimate of the fees for preparing,
revising, and submitting a utility patent application.
- We are very picky about the clients we service and will not accept
just anybody. We only take clients we believe we can get a strong
patent.
Where
do I sign?
- If you decide to retain our firm to draft your patent application,
we will send you an engagement
letter stating the fees you will be charged for
drafting and filing the patent application.
- You will never pay more than the stated fees unless you have authorized
the charges in advance.
What
fees can I expect?
- $500 for the government filing fees.
- $200 for the miscellaneous fees such as copies, postage, phone
calls, faxes, emails, etc.
- $200-$500 for the patent drawings. The patent drawings are special
drawings that the PTO requires and must be within strict guidelines
before the PTO will accept them.
- $5,500+++ for attorney's fees to draft, review, and revise the
patent application. The fees are based on the difficulty of the
patent application and the amount of time necessary to draft a solid
patent application.
Where
does my money go?
- After you have signed the engagement letter and paid your deposit.
Your money goes into an IOLTA
account. The State Bar of Texas regulates this account.
It is like an escrow account but the interest goes to help people
who cannot afford legal services
Where
do we begin?
- Next, the initial phone
conference will be set up between you, Mr. Leavitt
and/or Mr. Pemberton and the patent attorney who is preparing your
application.
- The phone conference is to ensure all the details of your invention
are known and to answer any questions you may have.
- After the initial phone conference, you will be given a timeline of the following steps and when we believe they will be done.
- A first draft of your patent application should be sent to you
approximately 3-4 weeks after
the initial phone conference.
- You should read the draft carefully and communicate any revisions,
comments, or question to Mr. Leavitt and/or Mr. Pemberton and the
patent attorney who drafted your application.
- After your revisions, comments, and questions have been incorporated
into the patent application, you will have an opportunity to review
the draft and again provide your revisions, comments, and questions.
- Once you are happy with the patent application, we will prepare
it for filing.
- Before we will file the patent application, we
must have a signed and dated inventor's disclosure form and a power
of attorney.
- The inventor's disclosure form is required by the PTO and stated
that you are the true inventor and have not stolen the idea.
- The POA form allows us to file the application and communicate
with the PTO on your behalf.
- After we have received the Inventor's Declaration and POA we will
file the patent application.
- After we file the patent application we will send you a copy of
the filed application and the drawings.
- On the date your application
is filed your invention has patent pending status.
- About one or two months after your application has been filed
we will receive a filing receipt from the PTO stating what your
application number is along with the filing date and other information.
- After we file the application, it takes approximately 15
- 24 months before we hear back from the PTO regarding
the patentability of your invention.
- After the PTO responds, we will contact you and explain the options
you have.
A patent is a grant of a limited
monopoly right in your invention and provides an owner
with the power to prevent others from making, using, selling, or importing
your patented invention. This power is granted to you for twenty years
from your patent application filing date for a utility patent application
regardless of whether it was filed first by a provisional patent application
or non-provisional patent application. Patents can also be issued
for designs.
A utility Patent protects useful features (functionality)
of an invention. The life of a utility patent is 20 years from its
filing date. Utility patent applications offer the most protection
for inventions. In addition to standard (non-provisional) patent applications,
provisional patent applications offer inventors one year to initiate
the patent process at a reduced cost, but with limitations. Provisional
patent applications allow additional time to market and develop the
invention, but delays the issuance of the actual patent.
- A utility patent is for any useful, non-obvious
- Process
- Machine
- Article of manufacture
- Composition of matter
- Chemical composition
- Business process or
method
- Computer software
- Gives you "Patent Pending" status.
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A design patent protects the decorative
characteristics of an invention for 14 years. Design
patents can be sought in addition to utility patents because of the
different types of protections. If appearance matters most, file a
design patent.
- Covers the shape characteristic of an object.
- Is intended to protect the ornamental and cosmetic aspects
of an invention.
- Does not cover the function of an object.
- The amount of protection a design patent gives is based
almost entirely from the drawings, not the words.
- Gives you "Patent Pending" status.
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- A Provisional Patent Application
("PPA") is NOT a PATENT but actually a 12 month extension.
- It allows you the time to raise funds, sell your idea or just
disclose it to anyone without fear of your idea being taken.
- An application filed with the Patent Office must be converted
into a utility patent application one year after it is filed otherwise
the filing date is lost.
- Gives you "Patent Pending" status.
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An invention disclosure form is the form we use to obtain as much
information about your invention in order to perform a FREE
Patent Analysis. Because we use the information on
the form to contact you, perform the patent analysis and link- (Limited
Patent Search L.P.S. )it is very important that the form be filled
out as completely as possible.
We NEVER disclose the information on the form to
any third party without your permission.
Fill out our confidential
patent disclosure formfor us to give you 24 hour
free feedback on the potential of your patent.
- The Patent & Trademark Office allows inventors to file a disclosure
document describing their inventions.
- It simply provides a means of establishing a date of invention,
in the event of a dispute with another inventor who claims to have
made the same invention at about the same time.
- It is analogous to sending yourself a certified letter containing
your invention disclosure.
- However...
- It is not a patent application.
- It does not create any patent rights.
- An inventor must move forward on the patent process in order
to secure a patent.
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It is best to keep your invention strictly confidential, at least
until you file a patent application. If your invention is placed on
sale, advertised for sale, or sold in the U.S. and more than one year
passes, the invention is no longer patentable.
What
does it mean to be "On Sale"?
- Many times, an invention has been held to be "on sale" even when the inventor did not think it was "on sale". In fact,
many major patent infringement suits have been won or lost just
on this point. Be very careful in what you do with the invention
before a patent application is filed.
- An "on sale" situation arises even if an offer is made
in confidence. The best practice is to make no disclosure
whatever until the application has been filed.
- There are some exceptions to the one-year "on sale" rule. For
example, the rule does not apply when the invention was sold only
for experimental purposes. But you cannot count on the exception
applying in your case.
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A utility patent protects an invention's function and usefulness whereas a design patent protects the aesthetic aspects of
a device. An example of a utility patent could be a new design
of a golf club head that allows a golf ball to travel further when
hit compared to existing club heads. If your golf club had a novel
shape to its club head for example, you could get a design patent
on it as well. Utility patents are more beneficial because they offer
much greater protection in that they are more difficult to invent
around. Also, utility patents last for 20 years from filing whereas
design patents last only 14 years from being issued. Design patents
are useful in protecting shapes of devices that in some cases are
not eligible for trademark or copyright protection. Note that many
devices are eligible for simultaneous protection through utility patents,
design patents, trademarks, and copyrights. The best way to maximize
the protection of your design is to consult with an attorney who specializes
in intellectual property such as me.
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A patent allows you to protect
your idea and generate money with it. Without patent
protection, another company or individual can freely copy your idea.
Once you start the patenting process, you can tell others about your
invention without losing your patenting rights or having it stolen.
This allows you to market your invention for sale or licensing.
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You are granted a right to prevent others from making, using, selling,
offering for sale, or importing your patented invention for a limited
time (twenty years from the application's filing in most cases). This
is a powerful right because it is a limited
monopoly that may give you significant market advantage.
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Absolutely not. In fact, most inventions are improvements
upon existing products and devices. As long as your invention is novel
and non-obvious from that which is already known in the public, you
may receive a patent upon it.
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No, you do not have to use a patent attorney or agent. However, the
patenting process is difficult and complex. The patenting process
is filled with a lot of procedures and rules that lead most individuals
to seek professional assistance. Also, getting professional assistance
will vastly improve the likelihood of your invention being granted
a patent. Patent attorneys have the technical and legal skills
necessary to represent inventors.
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The original patent application filing is the most important step
in the invention/patenting process because you cannot add new information
later.
The mistake that most inventors make is to narrowly describe and
claim exactly what they have invented and nothing else. This is bad
because you will almost always be entitled to far broader scope than
you could possibly imagine. For example, if you were to need to connect
two pieces of metal together, and in the original filing you mentioned
only connecting the metal pieces by using bolts, your patent may not
include and could not be amended
later to include other methods of connecting the pieces
of metal, such as nuts, rivets, welding or glue. This simple example
illustrates how important it is to know the intricacies of patent
law and patent claim drafting, which is why companies and experienced
inventors hire patent attorneys rather than going it alone.
Also Inventors tend to be "Penny wise and Dollar foolish" Think of
it this way, isn't it better to pay more money and get a Patent Issued
then to spend anything and NOT have it issued?
If you are not convinced with respect to hiring a patent attorney
rather than going it alone, please read the Federal Circuit's
recent decision in Chef Am., Inc. v. uLamb-Weston, Inc. (Fed. Cir.,
February 20, 2004). )This case clearly illustrates that simple,
careless, uncorrected mistakes can and do lead to worthless patents.
The case centered around U.S. Patent No. 4,761,290 which contains
a claim that recites a step of "heating the resulting batter-coated
dough to a temperature in the range of about 400'F to 850'F." The
court ruled that the claim required the dough itself, rather than
the oven air, be at a temperature of 400-850 degrees. Therefore, you
can put the dough in an oven that is heated to 400 - 850 degrees without
infringing the patent!
Simply put, if you do not use the right tools, you might as well
watch your money fly out the door!
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Patent attorneys and agents are professionals who have a technical
background sufficient to sit for and to pass the registration
exam offered by the United States Patent and Trademark Office. However, patent agents are not attorneys and cannot render
legal advice beyond the patenting of an invention.
A registered patent attorney has attended law school and has passed
at least one state bar exam. The patent attorney can render legal
advice beyond the preparation of patents in areas such as patent infringement
and trademark and copyright protection. Also, a patent attorney can
assist you and help protect your rights in negotiating the sale or
licensing of your invention.
What
is a Patent Attorney
- A patent attorney is somebody who has completed law school passed
at least one state bar exam and is registered with the Patent and
Trademark Office.
- To be registered with the PTO one must have the proper scientific
background and pass an extremely difficult test where the pass rate
is around 40%.
What
is a Patent Agent
- A patent agent is somebody who is registered with the PTO but
is NOT an attorney.
- A patent agent can only write a patent for you.
- A patent agent is not bound by the attorney/client privilege rule
or the attorney's code of ethics.
- A patent agent cannot:
- Give you a patent analysis or infringement opinion
- Enforce your rights as a patent holder
- Help you with licensing or any other legal matter.
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The patent length varies from less than a year to three or more.
If the time takes too long due to the fault of the United States Patent
and Trademark Office, you can petition to have time added to the length
of your patent.
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To profit from your invention you need to:
- Sell you idea to a company
- License your idea to a company or several companies
- Sell your patented idea to consumers on your
own
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No professional can or should be able to give you a percentage. Whether
your invention is going to be granted a patent is dependent upon what
is already known in the prior art (for example, issued
patents, books, journals, websites, etc.). If you opt to have a patent
search performed, then you significantly increase the likelihood that
your invention will be patentable. However, even a patent search may
miss some piece literature or obscure patent that a patent examiner
may cite against your invention. If you do not try though, you will
never know whether your invention was novel or not, or more importantly,
profitable.
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No. As long as you can describe how it could work or be made, then
this is sufficient.
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A patent search can be an important initial step
in applying for a utility patent, provisional patent application,
or design patent. After I review your idea for patentability, I recommend
having a limited patent search* completed to evaluate your likelihood
of receiving a utility patent or design patent. based on the limited
patent search, I will present options available to you.
If no exact match of your idea or invention is found during the limited
patent search, you have a choice of whether to commit to immediately
going forward and having a utility patent application, provisional
patent application, or design patent application prepared and filed
with the united states patent and trademark office. If you would prefer
to improve the likelihood that your utility patent application or
design patent application will be allowed by the patent office, you
may have a complete patent search performed.
With a complete patent search, a professional patent searcher will
conduct an expanded search of issued patents and other relevant literature.
The relevant utility patents and/or design patents, and other literature
will be carefully analyzed by me, a registered patent attorney, to
see if your invention is novel and non-obvious. I will then prepare
a patentability opinion stating whether your invention is likely to
receive a patent.
Limited patent search is not
conclusive or exhaustive. No legal opinion concerning
patentability is offered based on a limited patent search.
If you find this confusing or would like a friendly person to answer
all your questions please contact us at your earliest convenience.
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The patent length or, more appropriately, average
patent pendency is the period of time measured from a patent application's
filing until a particular event such as allowance (patent is granted)
or first Office action (a response from a patent examiner). How long your invention waits at the Patent Office for examination
depends on how many applications are presently on file awaiting review
at the United States Patent and Trademark Office (USPTO). Also, time
until your patent is granted can vary depending on what type of invention
you are filing because different patent application examining groups
have different amounts of patent applications pending (backlog). With
all non-provisional utility patent applications and design patent
applications, the USPTO examines these for patentability.
Provisional patent applications are unlike utility patent applications
discussed above. A filed provisional patent application will get your
invention "patent pending"
status. However, the provisional patent application will not be examined.
A provisional patent application will simply hold your file date (priority
date) for when you file your new utility patent application based
on the provisional patent application. While the costs are often quite
a bit smaller for a provisional patent application compared to a utility
patent application, you are simply increasing your ultimate expenses.
A utility patent application must be filed based on your provisional
patent application within one year from the date you filed your provisional
patent application, otherwise you lose your earlier filing date. Because
you waited additional time to file a utility patent application, you
ultimately increased your waiting time until you get your patent issued
or denied.
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A document comprising a detailed
explanation of an invention, any needed drawings,
and often one or more claims filed for examination and approval by
the U.S. Patent and Trademark Office.
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An unauthorized use of a party's
legal right such as to a patent, copyright, or trademark
for which a lawsuit may be commenced to recover money damages and
to stop further unauthorized uses.
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A person who contributes a significant creative portion, even if
small, into the development of an invention.
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A transfer of ownership of
a right such as to a patent, copyright, or trademark
to another for a lump sum or royalties on future sales. (Compare to
License.)
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A grant of permission for a
limited time from an owner of a legal right such as
to a patent, copyright, or trademark to make, use, sell, or import
a protected article for the payment of a fee or royalty.
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A legally binding contract
between two parties promising to treat specific information
confidential and not disclose it to others without permission.
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A patent application must be filed within one year of any public
disclosure, sale, or offer for sale of the invention or item produced
by the invention.
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A non-attorney with technical
training who is registered by the U.S. Patent and Trademark Office to draft, file, and prosecute patent applications.
- A patent agent is somebody who is registered with the USPTO but
is NOT an
attorney.
- A patent agent can only write and prosecute a patent application
for you.
- A patent agent is not bound by an attorney/client privilege rule
or an attorney's code of ethics of a State Bar.
- A patent agent cannot:
- Provide you with any infringement analysis or opinion;
- Enforce your rights as a patent holder;
- Help you with licensing or other legal matters except as noted
above.
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An attorney who is licensed to practice law AND is also registered to practice before the U.S. Patent and
Trademark Office.
A patent attorney is somebody who completed law school, passed at
least one bar exam and is licensed to practice law in a state, and
is registered with the Patent and Trademark Office. To be registered
with the USPTO, the attorney must have the proper scientific or engineering
background and pass an extremely difficult exam that has a pass rate
often around 40%.
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U.S. Patent and Trademark Office employee who examines
a patent application to determine whether an invention is allowable.
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A status obtained by filing a patent application with the U.S. Patent
and Trademark Office. The owner of the invention may mark a product
with the term "Patent Pending" to warn potential infringers.
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A search for any documents, particularly previously issued patents,
that will show whether an invention is truly novel and non-obvious
and therefore eligible to receive a patent.
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A novel, nonobvious, and useful invention or improvement of an article
of manufacture, a machine, a composition of matter, or a process may
be patented.
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A publication, published patent, or other document that reveals all
or a portion of an applicantís invention claimed within the patent
application.
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A small company, nonprofit organization, or an independent inventor
who is eligible to pay reduced patenting fees to the U.S. Patent and
Trademark Office.
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An organization within the U.S. Department of Commerce charged with
overseeing and implementing certain federal laws relating to patents
and trademarks.
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If you are interested in foreign patent protection,
be aware that the rules in many foreign countries are rigid. Your
invention is not patentable in many foreign countries if there has
been any public disclosure or any outright sale before a patent application
is filed. That is, in many foreign countries, there is no
one-year grace period. This is known as the rule of "absolute
novelty." There are some exceptions to this rule,
and you should not simply conclude that international patent protection
is unattainable without first consulting a patent attorney. Also,
most countries allow you to avoid the problem by filing an application
in the U.S. before your first disclosure or sale, provided that you
file in the foreign country within one year of your filing date in
the U.S. In short, if you want international patent protection, BE
SURE TO FILE YOUR U.S. APPLICATION before you make
any sale or public disclosure of the invention and be sure to file
internationally within 12 months of filing the U.S. application.
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