Patent Application

Advantages of a Provisional Patent Application

1)   Patent Term Extension:    For applications filed on or after June 8, 1995, the term of a patent (other than a design patent) is 20 years from the date that patent application was filed.   (MPEP 2701 – Patent Term).    More specifically, as the 20 year patent term is measured from the non-provisional patent [...]

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Single Patent Application with Multiple Inventions

Can a single patent application be used for multiple inventions?   Non-Provisional Patent Application The rule in the United States is that one can only claim one invention within a single non-provisional patent application (and multiple patent applications cannot claim the same invention). If the USPTO determines that more than one invention is claimed in [...]

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Provisional Application for Patent

What is a Provisional Application for Patent (or “Provisional Patent Application”)? Provisional patent applications are most frequently utilized by Applicants who want to want to defer patent preparation/patent prosecution costs (for a maximum of a year from the provisional application for patent filing date) while exploring the commercial potential for an invention. Once a provisional patent application [...]

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Cost of Filing a Provisional Patent Application at the USPTO

How much does it cost to file a provisional patent application (USPTO Fees)? The USPTO Fees webpage indicates that the present USPTO (government) fee (as of 08.25.10) for filing a provisional patent application is $220 for a large entity (and $110 for a small entity).  Additionally, patent practitioner professional service fees (which are determined by each patent [...]

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Cost of Filing a Non-Provisional Patent Application at the USPTO

What are the government fees for filing a Non-Provisional Patent Application at the USPTO? All of the fees listed below are United States Patent and Trademark Office Fees (USPTO) or “government fees” for filing a non-provisional utility patent application (see USPTO Fees webpage) in addition to “post-allowance” fees which are required if a patent grant is obtained (issue [...]

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Patent Application Grant not Guaranteed

If a Patent Application is filed, can anyone guarantee that a patent grant will be received? Anyone who “guarantees” that a patent grant will result is being disingenuous at best as there is no guarantee that a patent will be ultimately obtained. The primary factors which may complicate the patent procurement process include the existing [...]

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Patent Application Pre-Filing Review

The objective of this article is to provide a list of inquiries that one may want to consider if patent protection is desired for a new invention.  Further, many of said inquiries will likely be echoed by a patent attorney during the invention intake process. It must be stressed that in view of the complexity [...]

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International Patent Application

As patent rights are granted by national governments, a single “Global Patent” which provides coverage worldwide does not exist. Accordingly, a patent granted by the United States Patent and Trademark Office (USPTO) on behalf of the United States government provides an Applicant with legal protection (exclusionary rights) only in the United States and its territories. [...]

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Utility Patent Application Process

The United States Patent and Trademark Office (USPTO) provides an informative webpage which details the “Process for Obtaining a Utility Patent.” Although the reader is encouraged to visit the aforementioned USPTO webpage as it includes a flowchart with links to a number of other webpages/resources, the flowchart (without any hyperlinks) is reproduced below for the [...]

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