Q.) How long does it take to get a patent ?

A.) That is a question that is impossible to answer with defninteness, usually.  The answer is, a range of time between about 9 months to 20 years, if the invention is patentable, and "never" if the invention is not patentable.  Unfortunately, it is not possible to predict what the patent office's reaction to a given filing of a patent application will be.  However, we do know that the patent office can take between 3 and 18 months from the filing date of the application to give us the first response.   After we receive the response, if it is a rejection, we generally amend the application and claims to conform with the examiners requirements, often narrowing down the coverage of the claims.  After such amendment, we re-submit the application to the patent office.  Then they take action similar to the first time.  After successive hashings-out, a patent may be granted, all of this USUALLY taking from about 9 months to 3 years from the date of filing, in the vast majority of cases.  However, in some cases a patent can issue in as little as 6 months.  Generally, the main factor is the type of technology involved and the work load of the Patent Office in that area at the time of the submission of the application.

I have only had 2 clients in the past 8 years for whom I have failed to obtain a patent for.  One was a doctor who told me he wanted to stop trying to get the patent, and the other was a gentleman in whose case we actually received the notice of allowance on the case, but he declined to pay it.  My batting average is well over 90%.

Q.) How can I protect my invention so that nobody can steal it ?

A.) There can be no doubt about it.  If you have a good invention, others will try to copy and sell it.  Yet before you can commercialize it, you will need to tell someone (maybe a big company) about it.  So how can you protect yourself against them taking your ideas ?  The one absolute best way is to file a Patent Application on your invention at the earliest possible time. Yes, there are other seemingly less-expensive alternatives to the early filing of an application, such as non-disclosure or other secrecy agreements and the like.   (Sending a letter to yourself with the invention described in it is generally not something which you want to rely upon.  But the savings which might be appealing at first are not really savings at all, since an Application will need to be filed at some point, regardless.  By delaying the filing, and making disclosures, offers for sale, or public uses of the invention, the inventor is opening themselves up to a myriad of potential problems which Attorneys for the other side might readily argue, including:   1) due diligence questions - abandonment of the invention might be easily shown if the inventor is not prepared to provide documentation on what the Supreme Court has called a "continuous unbroken effort" towards filing an Application on the invention;   2) statutory bars arising from public use; 3) statutory bars from sale or offers to sell; 3) delay time allows other prior art to be generated which can be used in a 35 USC 103 rejection; and 4) potential interference proceedings. Also, the sooner the Application is filed, the sooner you find out whether the Patent Office thinks the invention is patentable.  Usually, there is no defendable position which can be taken in favor of delaying the filing of a Patent Application on an invention, except maybe if you go comatose.

Ideally, the inventor keeps a detailed written record of his/her activities in a hardbound scientific notebook.  (We can supply these).   The inventor has the notebook signed and witnessed preferably by two people, or a Notary Public or Attorney.  Such documentation must contain a description of the invention in such clear, concise, and exact terms (and any necessary drawings) so as to enable one of "ordinary skill" to make and use the invention. Once the invention has been adequately described in writing and witnessed, the date of conception by the inventor has been duly established, and some degree of protection is afforded.

The next thing which should be done is a patent search to determine:  1) whether the invention is indeed new; and 2) the probable scope of claims which may be reasonably anticipated to be granted on a Patent Application directed at the invention.

Then a Patent Application should be filed at the earliest possible time.

Q.) What type of documentation do I need to protect the critical dates of my invention ?

A.) A special notebook which has its pages stitched to the binding is recognized as being admissible in court as evidence of conception of an inventive idea, provided proper witnessing is documented therein. As a courtesy, we offer a really nice laboratory notebook for inventors, which is acceptable as evidence in court when properly witnessed and which contains 96 stitched pages for only $ 20.00 including shipping. The notebook contains instructions on how to properly document your inventions, and was written by a well-known firm particularly for professional inventors.

Q.) After I have taken the proper preliminary protective measures, what is the next step ?

A.) You should consult with one of our patent professionals regarding what your best course of action is . Perhaps trade-secret protection is better for you than patent protection. Our initial consultation fee is applicable towards other services should you decide to allow us to service your needs. For obtaining a patent, the next step is the patent search.

Q.) What's a search and why do it ?

A.) The next step on the road to obtaining a patent is to conduct a patent search. Since a great deal of time, effort, and expense goes into the preparation of a patent application, it is wise to be pretty sure that the invention is in fact new before making significant investments, otherwise the time, effort, and money would be wasted. Additionally, the patent search serves as a guide in informing us of the breadth of coverage of any patent we may get. The information gained from the search also assists us in the writing claims which are most likely to be successful.. We perform a US patent search for $495, and will search for European and other foreign art for you for just $ 300 more. For this, we can do the search right at the Patent Office, unlike most other providers who "farm" it out. By going right to the Patent Office we gain access to the very same files which the patent examiners themselves have. We also gain access to European prior art which is routinely cited by Examiners. Going right to the Patent Office also gives us the added advantage of being able to speak directly with the very same patent examiners who will be involved with the case. THERE IS NO BETTER WAY. No other provider of search services we know of provides this level of quality service at this cost level. You may find a lower price, but what real value does an incomplete search have?

Q.) I've had a patent search done, and it looks like my invention is new and may therefore be patentable. What happens next ?

A.)If the search results are favorable, then the next step is to write and file a patent application.   After we file the case, the patent office will examine the application, and in a high percentage of the cases will reject all claims in the application. This is due to it being common practice to claim the invention as broadly as possible to get the best coverage possible in the patent, to make the patent as valuable as possible in terms of keeping infringers at bay. If we didn't claim broadly, then the patent office might give us the patent after the first office response. In such a case we'd be left wondering whether we couldn't have perhaps gotten broader protection. Of course we could go back and remedy this situation in a couple of ways, like refiling the case with broader claims, but at added expense, effort, and time. Therefore, it is universally accepted as being proper to claim broadly at the initial statge. This whole process generally requires applicants to make one to three responses to the actions which the Patent Office takes. Often, it is necessary to file a continuing application which means an additional filing fee to the government. However, this has historically been how the strongest and most valuable patent is obtained.

Q.) I've heard about a new thing called a "Provisional Patent Application." What is this and when can it benefit me as a small-entity inventor ?

A.) The provisional patent application can benefit the small-entity inventor in some cases, but it is also potentially incorrect and possibly dangerous to use in many circumstances.  We offer a publication entitled: "What Every Inventor Should Know About Provisional Patent Applications" which describes everything pertinent regarding provisional patent applications for American inventors. It is written so that anyone can read, understand, and use the information. For a copy, send $ 15.00 to the Trustee at the mailing address at the end of this document. Anyone who is tempted to use the provisional application process absolutely needs to know this information.