While protecting your new idea or product from duplication makes a patent application crucial, there are fees involved in doing so. Lots of fees. Nor will these fees be reimbursed if your patent application is rejected.
As with any other governmental process, it's complicated just figuring out what the fees are and what they're for, much less paying them. Let's see if we can offer some clarity.
The legislation that authorizes the fees for your U.S. Patent and Trademark Office patent application is the federal 2005 Consolidated Appropriations Act. This act mandates the latest revisions (undoubtedly, this means increase) for maintenance fees, search fees, filing fees, and examination fees. If your patent application were to exceed 100 pages you would also incur an application size fee. Fees differ according to whether you file online or by mail. It also varies depending on whether you are applying for a utility or design patent.
The basic filing fee for a utility patent is reduced in half if you're considered a small entity - a sole proprietor inventor, a small business or a non-profit organization. As of December 8th, 2004, this fee ranges from $75-$795 for a utility patent and $100-$200 for a design patent.
More than likely you'll fall into the utility patent category. It is defined by the U.S. Patent Office as a machine, process, "article of manufacture," or "process of matter." A design patent, in contrast, is the invention of a new pattern or ornamental design for manufacture.
Search fee range is wide as well - $50-$500. Examination fees will cost you between $65 and $200.
Once your patent is in force, however, you are not yet out of the financial woods. You will need to pay maintenance fees to keep your patent in force. These payment dates are determined by the date of the original application, and must be paid 3 1/2, 7 1/2 and 11 1/2 years from that date.
The hefty fee is determined by date of payment. The first maintenance fee for small entities is $450; the second fee totals $1150; and the third $1900. For those determined by the U.S. PTO not to qualify as a small entity the fee is double. Design patent holders pay no maintenance fees. These maintenance fees apply to utility patents only.
For these charges you'll receive protection against the loss of revenue from your invention that could occur with duplication of your products or ideas. The U.S. PTO also offers informational assistance, as well as face-to-face guidance.
In its tenth year, the annual Independent Inventors Conference, cosponsored with PTO by the National Inventors Hall of Fame, rolls out expert speakers who can offer tips on protecting your intellectual property, marketing your products, licensing your idea, finding a firm to help promote your invention, and understanding of trademarks and copyrights as well. At past conferences, folks like the PTO director, the U.S. patent commissioner, and the deputy commissioner for patent policy have offered their expansive expertise.
The U.S. PTO site can help you with applications, terminology, and finding a patent attorney or other professional to aid in your patent search. It is also your best source for finding the nearest walk in help - your local Patent and Trademark Depository Library.
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Robert Michael is a writer for Juris Patents
which is an excellent place to find patents links,
resources and articles. For more information go to:
www.jurispatents.com
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