There are several steps in the patenting process.

The following steps will be discussed in detail:

•   Determine if your idea can be protected by a patent
•   Hire a patent attorney who will
  • have a prior art search performed
  • draft and file your patent application

The first step in the patenting process is to determine if your idea is patentable.

• Some questions you need to ask yourself...
  •   Will a patent protect my idea?
  •   Has my idea already been patented or publicly disclosed by somebody else? If so, you probably will not be able to obtain a patent on your invention.
  •   Did you try to sell my idea or publicly disclose it more than twelve months ago? If so, you probably will not be able to obtain a patent on your invention.

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 Patent Office 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.

All patent firms are different so the following only applies to the: The Law Office of STEVEN B LEAVITT, LLP

We strive to provide the best legal service we can at the lowest price and to inform the client every step of the way.

The first service we perform is a FREE patentability analysis.

We take your information and do an analysis to determine if your idea can be protected by a patent.

Next, we will suggest you have us perform a Patentability Analysis
Search (limited patent search). You may also want to consider having
us perform a public disclosure search. (link to correct fee table, the
words should say fees vary based on technology" ).

Once your limited patent search has been completed, somebody from our office will contact you to discuss the results and answer all your questions.

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.

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 are notified and/or authorize the charges in advance.

WHAT FEES CAN I EXPECT?

If your idea is patentable and you hire us to draft your Utility patent application we give you a credit of $300 towards the writing of that application.

These searches typically are completed in 21 days but can be done in 3 business days for an additional fee.

WHERE DOES MY $ GO?

After you have signed the engagement letter and paid your deposit. Your money is deposited into a trust (IOLTA) account regulated by the State Bar of Texas. 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 arranged with you and one or more of our patent attorneys.

The phone conference is to ensure all the details of your invention are known and to answer any questions you may have.

A first draft of your patent application is provided to you approximately 3-4 weeks after the initial phone conference.

You should read the draft carefully and communicate any revisions, comments, or questions to your patent attorney who will then modify your patent application accordingly.

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 inventorís declaration and power of attorney (POA) forms.

The declaration form is required by the Patent Office and states 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 Patent Office 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 an official filing receipt from the Patent Office stating what your application number is along with the filing date and other pertinent information.

After we file the application, it takes approximately 15 to 24 months before we hear back from the Patent Office regarding the patentability of your invention.

After the Patent Office responds, we will contact you and explain the options you have.