The Right Way To Obtain A Patent

By Anne Moffett/Washington Sunday, Dec. 03, 2000
    • Patents are bilateral agreements between the government and an individual to whom the government grants the exclusive right to produce an invention within a period of time while preventing others from claiming or selling the same idea. There are three types:

    --a utility (a physical device)
    --a design (such as a blueprint)
    --a plant (e.g., a hybrid seed)

    Beginning this September, the U.S. Patent and Trademark Office has been revising some of its rules in an effort to simplify the process of getting a patent. Its aims were to reduce the time needed to apply by cutting unnecessary paperwork; to allow for easier electronic filing; and to reduce costs, both to the public and the government.

    Even with these changes, getting a patent isn't exactly like following a cookie recipe. Though it is possible to get a patent without a patent attorney, USPTO still recommends that you get legal assistance. And even with an attorney, applicants can save money by doing a lot of the legwork and research themselves. Here's what you should know going in:

    1 Whether or not you get an attorney, you should familiarize yourself with the patent process. Many websites, such as uspto.gov , patentcafe.com , nolo.com and delphion.com --or sites listed under the category "intellectual property"--are helpful. Or you can do it the old-fashioned way, by going to a patent and trademark depository library.

    2 Keep careful records of your invention and record every step of its inception. Describe and diagram every aspect and modification. It may not be necessary to build a test model, but check with someone at the patent office to see whether one is needed.

    3 Document all efforts, and sign and date each entry with two witnesses to your signature. (A patent attorney will steer you through this step.)

    4 Assess the commercial potential of your invention: What makes it unique or important? A patent is a business decision. You can't get a patent just on a good idea. Your invention can't have been for sale or known about for more than a year before you apply for a patent.

    5 You or your lawyer should do a thorough patent search--called a novelty search--to make sure your invention is special and can be proved to be different.

    6 It generally takes from 18 to 20 months to get a patent, though you can make a provisional short-term application for patent pending (telling the public that a patent is on file, but without the legal protection of a firm patent).

    7 This ain't cheap. It'll cost you $1,000 to file and get a patent and $75 or more to apply for a provisional patent. Patents must be renewed periodically: $470 to renew for 3 1/2 years; $950 for 7 1/2 years; $1,455 for 11 1/2 years. Attorney's fees can range from several hundred to more than $10,000. Just a patent search can cost from $600 to $1,200. Miscellaneous filing fees can run an additional $400 to $700.

    Further information is available at the U.S. Patent and Trademark Office at 1-800-786-9199 or on its website, uspto.gov/ .