The average utility patent process takes 25.6 months. Utility patents describe what most people think of simply as a patent and is the most common patent type. 7 min read 1. What Is a Utility Patent and How Long Does it Take to Get? 2. Should I Take the Time to Get a Utility Patent? 3. Timeline for Getting a Utility Patent 4.
If you have a legal issue involving a public utility, you should contact a government lawyer. An attorney near you who is experienced in government law can review your matter, and advise you how to proceed. The attorney can represent you at hearings and in court.
A utility patent is the term used to describe what most people think of simply as a patent and is the most common type of patent. Utility patents protect a variety of inventions from duplication by others for 20 years from the application submission. Other types of patents include design patents, plant patents, and more.
Once your utility patent is issued, you will need to pay maintenance fees at year four, year eight, and year 12 from the issue date. If you don't pay these fees, the patent ends and so does the protection of your intellectual property. How much do patent maintenance fees cost?
In turn, utility patents are difficult to obtain. For one, they are hard to write, the process may be time consuming and expensive to undertake, and their complexity may make them difficult to understand. Utility patents are issued by the U.S. Patent and Trademark Office (USPTO) and last for up to 20 years.
According to the United States Patent and Trademark Office (USPTO), it takes about 22 months to get patent approval after going through the steps to file a patent. If you're eligible for a prioritized examination for plant and utility patents, known as Track One, you might get approval in six to 12 months.
Steps to Filing a Patent ApplicationKeep a Written Record of Your Invention. Record every step of the invention process in a notebook. ... Make Sure Your Invention Qualifies for Patent Protection. ... Assess the Commercial Potential of Your Invention. ... Conduct a Thorough Patent Search. ... Prepare and File an Application With the USPTO.
between $7,000 to $20,000A utility patent will cost between $7,000 to $20,000. This patent cost estimate includes the short-term costs to prepare and file a utility patent application which gives you patent pending for your invention. Also, the estimate includes the long-term costs to examine the utility patent application to get the patent.
20 years(Utility patents, the most common type of patent, are issued for useful inventions that are novel). For utility patents filed on or after June 8, 1995, the patent term is 20 years from the date of filing. For design patents, the period is 14 years from date of issuance.
1. Pay a premium. The easiest and most potent way to expedite examination is to use the USPTO's Prioritized Patent Examination Program (also known as "Track One"). Under the program, an applicant pays an extra fee (ranging from $1,000 to $4,000, depending on the applicant company's size).
Utility patents are worth it if you have an invention or product that you know you can either sell successfully or profit from by licensing the invention to third parties who will pay you an agreed-upon fee in exchange for being able to use your patented invention.
To obtain a utility patent, you have to file a utility patent application with the USPTO. The as-filed utility patent application includes the abstract, drawings, and description that will eventually appear in the utility patent. Utility patent applications also include claims, which describe your invention.
Since the USPTO filing fee for a utility nonprovisional application lets you have up to 3 independent claims and 20 total claims, we typically try to draft utility applications with three claim sets.
Why is a utility patent application so expensive? In most cases, utility applications are substantially more expensive than design patent applications since a greater amount of work is required to draft a utility application.
Even under the old system, i.e., the “first to invent” system, a “poor man's patent” standing alone, i.e, without a patent application, was worthless. You cannot access the court system and ask a judge or a jury to enforce a right that the U.S. Government does not even recognize as a right.
Updated November 2, 2020: The utility patent cost includes a $540 patent search fee, a $220 examination fee, a $330 application filing fee, and possibly a patent lawyer's legal fees which can exceed $10,000.
How long does it take to get a utility patent? Getting a utility patent takes an average of two to three years.
Utility patents also differ from plant patents, which cover new, asexually reproducible plants. These patents last for 20 years.
Inventors file patents to receive issued claims. Utility patents teach others and promote innovation. They describe how to make inventions or create systems. In exchange, the USPTO gives the patent holder the right to stop others from profiting from the invention.
To reject your invention as not being novel, the patent examiner will have to find a patent, a patent application, or a publication that includes all elements of your invention. Nonobvious: The invention shouldn't be obvious to a reasonable person.
However, hiring an attorney will improve your success rate and make the process easier. A lawyer can do complete patent searches, help you make a strong application, and respond to the USPTO for you . Since utility patents are complicated, expensive, and difficult to get, having a lawyer on your side is helpful.
Utility patents make up about 90 percent of USPTO-approved patent applications and are among some of the most valuable patents in the world. Utility patents:
To qualify for a patent, a patent examiner must find that the invention meets the following requirements: Useful: The invention must have a purpose and work properly to do that function. Novel: The invention must be new.
According to data from the USPTO, it currently takes 24 months to get a utility patent. The 24 month period it takes to get a utility patent begins at the moment that you file a regular nonprovisional patent application with the USPTO.
At this point, you should know that utility patents are good for 20 years from the date an applicant files a utility patent application with the USPTO. Once the patent office grants a utility patent application, the utility patent holder will be able to restrict who uses, makes, and sells his patented invention. If anyone uses the patent holder’s invention without his permission, they may be committing patent infringement. So, now you know how long utility patents are good for. If you have any other general questions or comments, please feel free to leave them in the comments section below.
You can calculate the date a patent expires by looking at the filing date listed at the top of a utility patent. If the patent was filed on or after June 8th, 1995, add 20 years to the filing date and you should be able to find out when it expires. For example, a patent that has a filing date of January 1, 2000, will expire on January 1st, 2020.
Track One promises to give you a decision on your utility patent application within 12 months of filing a regular nonprovisional patent application. That said, this service is not free and not everyone can use it. To be able to use Track One you have to apply ...
Some inventors choose to file a provisional patent application before filing a nonprovisional patent application because provisional applications are much easier and less costly to prepare and file than a full patent application.
If anyone uses, makes, or sells a patented invention without the patent holder’s permission, the patent holder may sue for patent infringement.
If a patent holder does not pay the maintenance fees, the patent expires and the patent holder will no longer enjoy a monopoly over his invention.
Utility patents filed on or after June 8, 1995, last for 20 years from the application filing date.
Once your utility patent is issued, you will need to pay maintenance fees at year four, year eight, and year 12 from the issue date . If you don't pay these fees, the patent ends and so does the protection of your intellectual property.
The United States Patent and Trademark Office (USPTO) never reviews provisional patent applications because the provisional form isn't meant to award a patent. When you file for this application, you need to file the official non-provisional patent application within one year or else it expires, and you'll never get a patent for that invention. The provisional application is useful because it gives you a full year to review the invention, prepare your non-provisional patent application, and raise the money for your patent fees.
On average, it takes 32 months, or just under three years to get a patent. Your exact case depends on how much time the USPTO spends looking at the patent application.
You can also extend some patents in special cases. Most of the time, this only applies if you're trying to patent medications , color additives, food, or other products regulated by a government agency such as the Food and Drug Administration.
There are also different sets of rules for continuing applications, international patent applications, and foreign priority. These may not apply to your patent, but it's important to research the entire patent process to figure out which category your invention will fall under. If you're not sure of something, a patent lawyer can help you.
Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof. By far, most patent applications filed at the USPTO are utility applications.
Maintenance fees are required to maintain a patent in force beyond 4, 8, and 12 years after the issue date for utility and reissue utility patents. If the maintenance fee and any applicable surcharge are not paid in a timely manner, the patent will expire. See the Maintain Your Patent page for more information.
The Program provides free legal assistance to under-resourced inventors interested in securing patent protection for their inventions.
The Patent Trial and Appeal Board (PTAB) is created by statute, and includes statutory members and Administrative Patent Judges. The PTAB is charged with rendering...
A collection of policies, procedures, guides, tools and manuals are associated with the patent process.
While a patent may be obtained in many cases by persons not skilled in this work, there would be no assurance that the patent obtained would adequately protect the particular invention. Most inventors employ the services of registered patent attorneys or patent agents. Additional info on Attorneys and Agents.
Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
A good utility patent definition is "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof," which is how the U.S. Code defines an invention for which a patent may be obtained. Utility patent applications seek to protect new machines, systems, and other useful inventions.
This teaching requirement is well illustrated by the difference between utility and design patent s: Design patents require only a drawing (s) of the design and limited text. Utility patents require a thorough explanation of how the invention works.
This teaching requirement is well illustrated by the difference between utility and design patent s: 1 Design patents require only a drawing (s) of the design and limited text. 2 Utility patents require a thorough explanation of how the invention works. The inventor should discuss alternative ways to make the invention and provide enough detail so that another person in the same technical field could readily reproduce the results.
For example, the examiner may not find a bicycle with your chainsaw-inspired tensioner, but he can find the tensioner on a chainsaw. The examiner can combine a bicycle patent along with a patent application for a new chainsaw—that includes the same tensioner—to reject your invention as obvious.
A patent search is critical before you file your patent. If you find a patent that uses the same tensioner, then you are going to have hard time getting a patent. It is better to find out before you go through the cost of filing a utility patent application than afterwards.
If you include the bracket in your claims, and if that bracket is not in the chainsaw patent or the bicycle patent, then you may get around the rejection. Just remember, the more things you put into your claims, the easier it will be for a competitor to get around your patent. Utility patents are among some of the most valuable assets in the world.
A Utility Patent Application Transmittal Form (Form PTO/AIA/15) or a transmittal letter should be filed with every patent application to identify the items being filed (e.g., specification, claims, drawings, declaration, and information disclosure statement). The form identifies the applicant (s), the type of application, the title of the invention, the contents of the application, and any accompanying enclosures. (Form PTO/SB/21 should be used for all correspondence after initial filing.)
A nonprovisional application for a utility patent must contain at least one claim. The claim or claims section must begin on a separate physical sheet or electronic page. If there are several claims, they must be numbered consecutively in Arabic numerals.
An oath or declaration is a formal statement that must be made by the inventor in a nonprovisional application, including utility, design, plant and reissue applications. Either form PTO/AIA/01 or PTO/AIA/08 may be used to make the required declaration in a utility application. It is preferred that applicants use form PTO/AIA/01, which must be filed together with an application data sheet. Each inventor must sign an oath or declaration that includes certain statements required by law and the USPTO rules, including the statement that he or she believes himself or herself to be the original inventor or an original joint inventor of a claimed invention in the application, and the statement that the application was made or authorized to be made by him or her. See 35 U.S.C 115 and 37 CFR § 1.63. An oath must be sworn to by the inventor before a notary public. A declaration may be submitted in lieu of an oath. A declaration does not need to be notarized. Oaths or declarations are required for design, plant, utility, and reissue applications. In addition to the required statements, the oath or declaration must set forth the legal name of the inventor and, if not provided in an application data sheet, the inventor's mailing address and residence. In lieu of an oath or declaration, a substitute statement may be signed by the applicant with respect to an inventor who is deceased, legally incapacitated, cannot be found or reached after diligent effort, or has refused to execute the oath or declaration. Joint inventors who are the applicant may sign a substitute statement for an inventor who cannot be found or reached after diligent effort or has refused to execute the oath or declaration. However, joint inventors cannot sign a substitute statement for an inventor who is deceased or legally incapacitated. A legal representative of the deceased or legally incapacitated inventor or the assignee who is the applicant may sign a substitute statement for a deceased or legally incapacitated inventor. The assignee (or party to whom the inventor is obligated to assign the invention) who is the applicant may sign a substitute statement for an inventor who is deceased, legally incapacitated, cannot be found or reached after diligent effort, or has refused to execute the oath or declaration. Form PTO/AIA/02 is the USPTO's substitute statement form for filing utility applications in these situations. When filing a continuing application, a copy of the oath or declaration filed in the earlier application may be used provided that it complies with the rules in effect for the continuing application (i.e., the rules that apply to applications filed on or after September 16, 2012). The oath or declaration must be personally signed by the inventor, either with a handwritten signature (i.e., pen applied to paper) or an "S-signature" (a typed name or electronic image of a handwritten signature inserted between forward slashes on the signature line). Each inventor's legal name is required.
For example, when filing your patent application online via EFS-Web , it is better to pay these fees online when filing the application via EFS-Web rather than later, because any filing, search, or examination fee paid on a date later than the patent application filing date requires a late surcharge of $160 ($80 for small entity applicants and $40 for micro entity applicants). The late surcharge will also be owed if you file the required oath or declaration on a date later than the application filing date, so it is best to ensure that the required fees and the oath or declaration are included with the specification (including claims) and drawings filed via EFS-Web. You can also file your nonprovisional utility application in paper by mail or by hand-delivery; however, this will cost you an additional non-electronic filing fee of $400 ($200 for small and micro entities) on top of the regular filing, search, and examination fees. If you file in paper anyway, the Fee Transmittal Form (Form PTO/SB/17) may be used to calculate the prescribed filing, examination, and search fees, any excess claim fees or application size fee, and indicate the method of payment (by check, money order, USPTO deposit account, or credit card).
A nonprovisional utility patent application must include a specification, including a description and a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing, search, and examination fees. EFS-Web accepts electronic documents formatted in Portable Document Format (PDF).
by calling the USPTO's Contact Center at 800-PTO-9199 ( 800-786-9199) or 571-272-1000. on the USPTO website at www.uspto.gov. at your nearest Patent and Trademark Resource Center (PTRC). You will find information on PTRCs at the end of this guide. There are three types of patents: utility, design, and plant.
An applicant who decides to initially file a provisional application must file a corresponding nonprovisional application during the 12-month pendency period of the provisional application in order to benefit from the earlier provisional application filing.
Not only is it more expensive, but it also takes a while to get patent protection, to the tune of two to three years. It also doesn't cover any ornamental features of the invention.
Applying for a utility patent requires more work than applying for a design patent. This includes:
The difference between a utility patent and a design patent is that: The utility patent is a trademark protection that makes sure a person has full control over his or her invention. A design patent is used when you create a new design for an existing product.
A utility patent is more valuable than a design patent because the utility is the hardest part to create. Think of the utility patent like a toaster. Many kinds of toasters exist, but they all make toast. George Schneider filed for the first American patent for an electric toaster.
However, the utility patent will often protect the invention more than the design patent. The utility patent keeps the composition, function, or structure of the invention protected.
Utility patents last 20 years from the first American application. A patent lasts 17 years from its approval date. Extensions beyond 20 years are possible but rare.
Design patents are also cheaper than utility patents. A design patent costs only $220 to file, without added expenses. The standard patent fee is $410. Design patents are important when a product's appearance plays a key factor in its success. Design patents only cover what's in the drawing.
Tamara Monosoff is the author of Your Million Dollar Dream: Regain Control & Be Your Own Boss and The Mom Inventors Handbook, Secrets of Millionaire Moms, and co-author of The One Page Business Plan for Women in Business. She is also the and CEO of www.MomInvented.com. Connect on Twitter: @mominventors and on Facebook: facebook.com/MomInvented.
Tamara Monosoff is the author of Your Million Dollar Dream: Regain Control & Be Your Own Boss and The Mom Inventors Handbook, Secrets of Millionaire Moms, and co-author of The One Page Business Plan for Women in Business. She is also the and CEO of www.MomInvented.com. Connect on Twitter: @mominventors and on Facebook: facebook.com/MomInvented.
Suing a utility company involves a series of steps. The person seeking to sue the utility may first be required to notify the utility of the complaint. A customer seeking to file a lawsuit against a public utility must file a summons and complaint on the company. The public utility then files an answer. From there, litigation, culminating in trial, proceeds.
Suing a utility company involves a series of steps. The person seeking to sue the utility may first be required to notify the utility of the complaint. A customer seeking to file a lawsuit against a public utility must file a summons and complaint on the company . The public utility then files an answer.
Public utilities are companies that are either owned by a municipality, or are privately owned. For privately owned public utilities, the private owners are the companies’ shareholders. Privately owned public utilities have a twin responsibility. They must satisfy shareholder concerns. These public utilities make money through a procedure known as “rate of return” regulation.
Public utilities are regulated at the state and local level by government agencies. State agencies have names such as “Public Service Commission,” “Board of Public Utilities,” “Public Utility Regulatory Authority,” and similar designations.
They therefore have no government monopoly. Unregulated utilities provide services to customers, and are subject to competition by other companies.
If you have a legal issue involving a public utility, you should contact a government lawyer. An attorney near you who is experienced in government law can review your matter, and advise you how to proceed. The attorney can represent you at hearings and in court.
Public utilities must serve their communities by providing service to any member of the community served by that utility who requests it. This means a utility cannot engage in racial or other discrimination in providing services. It must serve all who request and pay for the services.