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A patent grants property rights by the U.S. Government which will
exclude all others from making, using, or selling your invention
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Design Patent
A design patent protects the outside overall exterior shape. For example, the
ornamental design of the device regardless of the function of it's internal
mechanism. It is important that this design be unique. A design patent is
in effect for 14 years from he date of issue and no maintenance fees are
required.
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Utility Patent
A utility patent protects a "new and useful process, machine,
manufacture, or composition of matter, or any new and useful improvement
thereof". Utility patents are two-fold. They consist of an idea and a
way to carry out that idea. The way to carry out an idea you have conceived
generally includes a machine, device or process. This is the physical form
of your invention. You must be able to disclose every aspect of this
portion, i.e. the operation, function, and results obtained by the machine,
device, or process. These are the requirements of a utility patent
application. Utility patents have an effective term of 20 years from the
filing date minus the prosecution time in the Patent Office , provided
maintenance fees are paid during the term of the patent. Prosecution of the
case may take from 9 months to 1 year from the filing date.
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Provisional
Patents
A provisional patent application can be filed to
obtain Patent Pending status and act as an early filing date
for a non-provisional application to filed within one year of the
its filing date. A provisional patent is an enabling disclosure
under 35 USC 35 112 that establishes the patent pending status. The
provisional application does not have claims or require formal drawings
and therefore will cost substantially less that a regular patent.
It is not examined by the PTO an can be converted to a non
provisional application or as noted used as the bases for
a early filing date for a new application filed within one
year of its filing date . The new case must be based on the
disclosure set forth in the provisional and can not add any new material
( new matter).
We can prepare and file a typical full provisional
application for $2,500 including informal drawings &
filing fee on most inventions. This fee can then be applied to a
non-provisional application with and additional $2,000 combined Gov.
filing fees of $500 and drawing cost, ($125 per sheet), to be filed
later.
Alternately we can prepare and file just a basic enabling
disclosure required for the provisional application, using your drawings
for a flat fee of $750 & $100 government filing fee. This will also
establish Patent Pending status and establish an early filing date as
noted above.
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Maintenance Fees
Maintenance fees on utility patents are due at 3 1/2, 7 1/2 and 11 1/2 years
from the date of issue. Failure to pay the government fee on time
will result in the cancellation of the patent. The current fees for a small
entity are $450.00, $1,240.00 and $2,055.00 respectively.
As our client, we will automatically remind you when the fees are due
over the lifetime of the patent.
Should a fee be missed, a patent can be reinstated by payment of
substantial penalty to the government within 24 months of the missed fee
date.
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Plant Patent
A plant patent is reserved for asexually produced plant varieties
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Call us for your free inital
consultation.(866)847-8031
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