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Patent F.A.Q.
Most Frequently Asked Questions
- How long does a patent protect my rights?
- Twenty (20) years from the date of filing a regular Utility Patent Application.
- At what point can I claim my invention is "Patent Pending"?
- From the day the regular Utility Patent Application or the Provisional Patent Application is filed.
- What is a Disclosure Document?
- A short description of the invention that may be filed with the United States Patent & Trademark Office (USPTO) for a fee of $10. This document establishes a date for the conception of your invention, and can be very important if more than one person has filed for the same invention. NOTE: THE DISCLOSURE DOCUMENT IS NOT A PATENT APPLICATION.
- What is a Provisional Patent Application?
- An expanded version of a Disclosure Document but shorter than a regular Utility Patent Application. It does not require the claims or the formal drawings necessary in a regular Utility Patent Application, and costs about half as much. The Provisional Patent Application is kept on file for one year, is never examined and cannot become a patent until it is converted to a Utility Patent Application within one year of the filing date of the Provisional Patent Application.
- How long does it take to obtain a patent?
- Approximately twelve (12) to eighteen (18) months if no appeal is necessary. The exact time cannot be foreseen and depends upon the complexity of the invention and the workload of the examiner assigned to a patent application.
- How do I market my invention?
- There are a number of reputable marketing firms whose credentials may be verified by calling your local Better Business Bureau. We can recommend a reputable firm for you if there are none in your area.
- How do I know I am working with a reputable patent agent or attorney?
- Ascertain whether the agent or attorney is registered to practice before the U.S. Patent and Trademark Office by logging onto the uspto.gov website. Click on the "Databases" button and then the "Roster of Attorneys and Agents". Type the person's name (to check my name, there must be a space between "Mc" and "Glynn"!) and the registration number will be shown. If you do not find a registration number on the person you are seeking, beware! They are probably not registered to practice. Shortcut to USPTO.
- What is a Design Patent ?
- A Design Patent protects the way an article "looks" i.e., the esthetics of the article. Design Patents offer very little protection, except in special cases, and we rarely recommend them.
- What does an inventor need to send to us to have a patent search completed?
- See our Application Tips page for the "Low Cost Approach" to obtaining patent protection. In order to complete a patent search, we need a simple, hand-drawn sketch and a short written description of the invention. You may download and complete our Record of Invention form for this purpose.
- How long does it take for a patent search to be completed?
- 2-3 weeks.
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