Secure Intellectual Property With A Non-Provisional Patent
So here you are... you have had a brilliant idea for a genius invention. However, before you share the idea with other people and begin taking concrete steps toward bringing your invention to market you want to do the smart thing and seek protection. Good idea! The chances are, what you really need is a non-provisional patent.
What is a non-provisional patent?
A non-provisional utility patent is pretty much the typical patent that people talk about when they're talking about patent protection. This is the type of application that could mature into a full issued patent that would be enforceable as a monopoly against others who might want to make or sell the invention. If you are seeking patent protection, you want a non-provisional patent.
What rights do you get with patent protection?
Once you get through the patent process and a patent is issued, it gives you the right to establish a monopoly on that invention. This means that you would be the only one who is legally able to perform, make or sell the invention in the United States (or applicable territory). Patent protection gives you the ability to enforce that right legally. This also enables you to make money from the patent by licensing the rights to make or sell the invention in exchange for some form of royalty. A patent extends these intellectual property rights for an initial term of 20 years.
Filing a patent yourself vs. working with an intellectual property lawyer.
Anyone can file a patent. There is no legal provision that says you must work with an intellectual property lawyer. However, patent law and the patent process is a highly specialized area of law that is quite difficult to understand and navigate without extensive training and experience. The success rate for people who do not use an intellectual property lawyer is estimated to be less than 10%. Whereas, the success rate for people who do work with an intellectual property lawyer is greater than 90%. The patent application process is a long and arduous journey, typically taking 2-5 years to complete. It simply isn’t worth getting 3-4 years into that process only to find out that you made a mistake early on by not working with a patent attorney. Therefore it is strongly recommended that you give your invention the best possible shot as being successful and work with an experienced patent attorney.
When should you apply for a non-provisional patent?
With a non-provisional patent, one of the issues is that once you file a patent application, your spec becomes frozen in time. So, you want to make sure that you don’t file it before you have a fully thought out idea that you know exactly what you want protected, how to build it, how it works and how it will be used. This is very important because you are not going to have the chance to go in later and add any new material without filing an additional patent application.
This also applies to the process of turning a provisional patent into a non-provisional application. If the spec on the non-provisional patent application is altered in some way from the spec on the provisional, such as adding new claims or utility, then those concepts that were not supported in the provisional patent will end up with the later filing date.
What is the patent process?
Once you've filed the non-provisional application, then it's going to go through the process of prosecution where the US PTO will assign it to an examiner. This is going to be someone that should be an expert in that field and familiar with this kind of invention. The examiner will review your specification and especially looking at the claims and do a search and look for prior art and then at that point they will compare your claims to the prior art and either allow aspects of it or reject aspects of it using one or more prior references that they might have found.
At that point, once you start getting back and forth, they'll send you what's called an office action where you'll have a chance to respond and go back and forth several times depending on the state of the prosecution until you can hopefully come to an agreement with the examiner and get a lot of claims at which point it could issue into a patent, which is when you're going to actually have patent protection on your invention with enforceable rights.
What is the timing for the patent process?
Preparing The Application: Typically it will take roughly there months to prepare the non-provisional patent application. That would include the entire patent process of taking the disclosure from the inventor, converting that into a draft with drawings and written description and then several rounds of back and forth with the inventor to get the final draft acceptable to the inventor. Of course this also includes preparation of all the filing documents and everything to file electronically. Usually that process can be wrapped up well within that three month period.
Prosecution: After you file a patent, there is a lot of variability. Typically it takes the USPTO about two to three years before any kind of substantive action is taken. However, once that process starts it usually goes pretty quick. It would be very typical to have an issued non-provisional patent within four or five years, although that part of the process can really vary a lot just depending on the examiners response, the number of office actions that are necessary.
How much does it cost to get a patent?
Genius Patent is dedicated to helping individuals like you file a patent affordably. It is very common for patents to cost inventors tens of thousands of dollars. This may not be a problem for large corporations who are constantly adding new patents to their portfolio, however for smaller businesses and independent inventors high legal fees can be crushing. At Genius Patent we believe that legal fees should be reasonable and affordable. Securing intellectual property rights by working with an intellectual property lawyer should help your business succeed. The costs associated with the patent process should not be a roadblock to your success.
Non-Provisional Patent Cost
|Service||Genius Patent Fees||USPTO Small Entity Fee||USPTO Micro Entity Fee|
|Non-Provisional Patent Application (Basic)||$3,500||$730||$400|
|Non-Provisional Patent Application (Standard)||$5,500||$730||$400|
|Non-Provisional Patent Application (Premier)||$6,875||$730||$400|
File a patent with Genius Patent
At Genius Patent our team of patent attorney’s have extensive experience and a success rate of over 90% getting non-provisional patents issued in the following fields:
- Software and Apps
- Mechanical Devices
- Medial Devices
- Consumer Products