Draft A Utility Application

What are the criteria for getting a patent?

• Patentable Subject Matter
  • Certain subject matters are not patentable such as laws of nature, natural phenomenon, common principles and abstract ideas.
• Utility
  • The invention is useful, as opposed to purely aesthetic or idealistic.
• Novelty
  • There is no single pre-existing patent or technical reference or publication describing every feature of your invention.
• Non-obviousness
  • Pre-existing patents or references cannot be combined to come up with your invention as viewed by a person skilled in that area of your invention.
• Proper Specification
  • A written description drafted with sufficient detail to enable a person of ordinary skill in the art to make and use the invention.
  • At least one claim.

How much does it cost?

• Filing a patent application generally ranges from a few thousand dollars to over $10,000 depending on the complexity of the invention.
• The Patent Office filing, search, and examination fees currently total over $500. These fees can be slightly reduced if filed electronically or may be higher depending on various factors such as the total number of claims.
• The remaining costs include attorney’s fees and patent draftsman fees, where applicable.
• Once the application is filed, there are additional costs for prosecuting the application, issuance of the patent, and maintenance of the patent.
• The total cost to get the issued patent can easily exceed $10,000 during an eighteen to thirty-month period of time.

Can I file my own patent?

• Yes, an inventor can file his or her own patent application on their own behalf, but not for somebody else. Only a patent attorney or patent agent registered with the U.S. Patent and Trademark Office has the authority to file an application for somebody else.