When you invent something, you want to be able to share what you have created with the world. Patents allow you to introduce your inventions without fear of someone else taking and misusing them.
Filing for a patent requires navigating complex laws, policies, and procedures. The Weiner Law Group can guide you through the patent application process, saving time and helping you minimize the chances of encountering bumps in the road.
Contact us today to learn more about how a New Jersey patent attorney can help you.
What Is a Patent?
A patent is an intellectual property right acquired for something you invent. The right empowers you to prevent others from making, using, selling, or importing your invention without your consent.
Types of Patents
The United States Patent and Trademark Office (USPTO) allows people to file for three types of patents:
- Utility patents,
- Design patents, and
- Plant patents.
Utility patents
Utility patents are by far the most common patent type. These patents cover new or usefully improved:
- Processes,
- Machines,
- Articles of manufacture, and
- Compositions of matter.
Articles of manufacture are manufactured items. Many items fall into this category, from simple to complex. Compositions of matter are often new drugs, cleaning substances, and other chemical compounds.
Design patents
Design patents cover designs used in manufacture that are:
- New,
- Original, or
- Ornamental.
A design patent can apply to the configuration or shape of an item and any ornamentation. But it only covers the appearance of an item, not how the item works.
Plant patents
Plant patents cover discoveries and asexual reproduction of new, distinct varieties of plants, like:
- Cultivated sports,
- Mutants,
- Hybrids, and
- Seedlings.
When you receive a plant patent, you also gain rights to items the plant produces, like fruit or flowers.
What Can Be Patented
To receive a patent, your invention must:
- Be usable;
- Include a clear description of how to make and use the invention;
- Be new or novel; and
- Not be “obvious.”
Something is usable if it works and is more than a theory. Abstract ideas and concepts, laws of nature, and physical phenomena cannot be patented.
Novel
To be new or novel, an invention must not have previously been:
- Patented,
- Described in a printed publication,
- In public use,
- On sale, or
- Otherwise available to the public.
These requirements apply to wholly new inventions and improvements to existing inventions.
Non-obvious
An invention or improvement is non-obvious if an ordinary person in the relevant field could easily make the invention using ordinary skill. Non-obviousness often falls on technical criteria related to the field and specific facts.
Who Can File for a Patent?
Generally, the only person who can file for a patent is the inventor, personally or through their legal representative.
Joint inventors can apply for patents jointly as long as every person who applies participates in the inventing process. Someone other than the inventor can only apply for the patent if the inventor assigns that right to them.
How to File a Patent
Filing a patent requires you to follow several distinct steps:
- Prepare your application;
- Submit your application;
- Work with the USPTO;
- Receive USPTO’s decision; and
- Maintain your patent.
When you hire an experienced patent lawyer, they work with the USPTO on your behalf.
Prepare for Your Application
Begin the application process by evaluating whether your invention is patentable and determining which type of patent you need. Then, conduct a search of prior patents, including patents registered in foreign countries and the USPTO database.
Submit Your Application
If you are filing for a utility or plant patent, you can file a provisional or nonprovisional application. You cannot be issued a patent based on a provisional application.
However, if you file a nonprovisional application within 12 months, the USPTO will use the provisional filing date when processing your application.
For your nonprovisional application, you need to provide:
- A specification;
- One or more drawings;
- An oath or declaration; and
- Filing, search, and examination fees.
You can file your application on the USPTO’s website or by mail.
Specification
Your specification is a written description of your invention, including:
- The title of the invention;
- Cross-references to related applications, if any;
- A statement regarding federal sponsorship, if any;
- References to attachments not contained within the application;
- The invention’s background;
- A summary of the invention;
- Explanations of any included drawings; and
- A detailed description of the invention.
The detailed description should include the manner or process used to make the invention in clear and exact terms.
Drawings
You must include drawings with your application if necessary to understand the invention. A majority of patent applications require drawings. Your drawings should detail every feature of your invention and be consistent with your written description.
Oath or declaration
The primary oath or declaration you must include is that you are, to your knowledge, the original inventor of the subject of the application. An oath must be witnessed by and sworn before a notary public. A declaration can be substituted for an oath and does not need to be notarized.
Fees
Along with your application materials, you must provide several fees, including:
- Filing,
- Search, and
- Examination fees.
The total cost of the fees may vary based on the type of patent you are applying for and how extensive of a search is required.
Work with the USPTO
When you file, the USPTO checks your application for completeness and accuracy and may request you correct the application if it discovers issues. Then, the application is assigned to. It is their job to determine whether your invention is patentable.
The examiner may contact you with questions or concerns about the invention’s patentability. Respond promptly. You may be able to arrange an interview with the examiner or file a written reply.
Receive USPTO’s Decision
Once the examiner concludes their review of your application, they notify you of the result. If the USPTO decides to issue the patent, you must pay an issuance fee within three months.
If your application is denied, you can reapply. If the patent is again denied, you can appeal the denial to the Patent Trial and Appeal Board (PTAB). You have to appeal within six months of receiving the second denial.
Maintain Your Patent
You must pay additional fees over the years while your patent is active. These fees include maintenance fees after three and a half, seven and a half, and eleven and a half years.
How Long Does a Patent Last?
Although extension of patents is possible, the typical validity period for utility and plant patents is 20 years. Design patents usually last 15 years.
How Much Does a Patent Cost?
The exact cost varies depending on the type of patent and the extensiveness of the required previous patent search.
A standard utility patent includes a $320 filing fee, a $700 search fee, and an $800 examination fee, for a total application fee of $1,820. Adding the issuance fee of $1,200, you can expect to spend at least $3,000 on a typical utility patent.
These costs can be reduced if you qualify for small or micro entity status. A small entity can be a person, small business, or nonprofit organization that has not shared or assigned rights to the invention. A micro entity is a small entity that meets a limited income requirement.
Weiner Law Group: Protecting Your Intellectual Property
There is a lot to keep track of when applying for a patent. As those who invent often realize, technical knowledge and experience make or break your success in a given field.
The attorneys at Weiner Law Group offer their knowledge and experience in the patenting field to guide you through the application process. If you need the assistance of a New Jersey patent attorney, reach out today.