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Question 1. I am interested in filing my own patent before seeing a Memphis patent attorney, can I do that?
Answer: The United States Patent office allows an individual to file their own patent. This is called filing Pro Se. While filing Pro Se can be done, even the Patent Office recommends having a patent practitioner prepare and file the application. The process of drafting a patent application and prosecuting it (submitting it before the patent office), while logical and well established, is complex and wrought with pitfalls for the unwary. It is generally much easier and less time consuming (thus less expensive) to draft a patent application right the first time, than to attempt to fix problems that may have occurred during prosecution. Because of the problems that may occur, I would recommend finding a Memphis patent attorney, or one near you, to help you obtain your patent on your invention. Call me, John Schwab to set up an appointment at (901) 761-0135. Question 2. As a patent attorney, do you sign a confidentiality agreement?
Answer: As a licensed patent attorney, I am already bound to maintain client information in confidence both under the rules of conduct as an attorney, and under the rules of the Patent Office.
Question 3. My assumption would be that I need to do a patent search. I have done preliminary searches online and do not see my product patented. What are your costs to do a patent search? Answer: A preliminary patent searches are not required by the patent office to proceed with a patent because the patent office will perform their own search of prior art (patents, and other published material). Generally a preliminary patentability search, performed by a patent attorney, will examine patents for similar inventions using both keywords and the classification system. A preliminary patentability search is not a complete search of all patents, nor published material, but should assist the inventor and attorney in deciding how or whether to proceed with the patent. Also, the scope and language of the patent is often shaped through a preliminary patentability search. I would highly recommend having a professional perform a preliminary patentability search, unless the client is very knowledgeable in the area that they are attempting to obtain a patent and familiar with the search process. Generally these searches run in the ballpark of $500 to $1000 depending on the complexity of the invention and the areas searched. Question 4. Afterwords, what are the approximate costs to go through the patent process? Answer: The cost of the patent process is variable, largely depending upon the complexity of the invention. Generally the costs of the patent process run from $3000 to $20,000 and even higher for complex patents. If you desire to obtain a patent on a limited budget, I would highly recommend discussing the possibility of prosecuting a patent at a flat rate with your patent attorney. Also, the better defined your invention is prior to beginning the patent process, the less time and money will be spent in redrafting the patent application. Question 5. What are your rates to prosecute patents or register copyrights or trademarks? Answer: My rates are very reasonable. Please contact me to discuss my current rates. Regardless of what is charged, no patent attorney can guarantee that a patent can be obtained as no patent search or application is ever completely perfect. Question 6. Does your firm assist with finding someone to do the drawings? What about finding someone to manufacture a prototype of my invention? Answer: I also can perform drawings at my hourly rate or help find a draftsman or engineer to assist. Otherwise, having worked as an engineer in Memphis, I have contacts with local engineers and machinists who can assist you with drawing and prototypes.
Question 7. Where can I find more information about filing the invention myself?
Answer: Again, I recommend contacting a Memphis patent attorney to assist you in obtaining a patent. If you feel that you have no other option but to file it yourself, the US Patent and Trademark Office Inventors Assistance Center can send you basic information on filing patent applications. They are your best resource for finding out more information on the process. Call them at 1-800-786-9199. The Patent Office website http://www.uspto.gov/ also has information on the patent process. Patent Depository Libraries (locations can be found on the Patent Office website) can also provide you with information.
Question 8. Can I do something before seeing a patent lawyer to help prepare for the patent process?
Answer: Yes! Continue developing and improving your invention. Drawings, sketches and prototypes (even if it's made of duct-tape paper tubes) can be extremely valuable in both developing and improving your invention, and communicating to the patent attorney how your invention works and what the novel features are. Start brainstorming and write down how your invention is different, better, cheaper than products that carry out the same function or have similar designs. Keep an inventors notebook of the progress you make on the creation of your invention. Above all, keep your invention secret until you have decided that you are ready to patent it. Question 9. What is an inventor's notebook?
Answer: An inventor's notebook is a book of bound pages that contain sketches, graphs, written descriptions, photographs and other details of the inventor's invention, it's development and the process leading up to the invention. You don't have to have your invention complete to start an inventor's notebook. Here are a few tips to get you started:
- You can start by writing down the problem that you are trying to solve and start brainstorming ideas of how to solve that problem.
- Sign and date below your entries the day you make them.
- Have a witness, ideally two witnesses, sign each entry as well. Explain to them your invention so that they understand it. Have them write (or have it already printed): "I have read and understood the above confidential material pertaining to the disclosed invention." The witness must be someone who you trust not to disclose your invention or ideas to anyone else, they must understand that it must be kept a secret. Ideally have them sign a confidentiality statement. Businesses will often have employees sign each other's notebooks as witnesses. For individuals a trusted neighbor may work or another person who is NOT a co-inventor. The notebook can be a fancy laboratory notebook, or a simple composition book. Even loose papers, dated and signed may be useful should you need to prove when you conceived your invention but ideally the book should be bound. For more information on inventor's notebooks, talk to a Memphis patent lawyer or see this page.
Question 10: Is there a way to protect my idea without a patent, at least for the short term?
Copyright 2009-2011 John Schwab. |
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