Patent law is an enormously complex and detailed area of law that takes years of experience and study to even understand. The summaries provided below are but a sliver of a patent applicant must know prior to attempting to get an idea patented. The best thing an inventor can do for himself is to call on an experienced Patent law attorney to provide guidance and proper documentation to protect the idea you've worked so hard with. After all, even if you are successful in a DIY patent, if it's a money making idea, you'll need to be able to enforce it. Call our office today for a free confidential consultation regarding your patent law questions.

NON-PROVISIONAL PATENT APPLICATION

HOW TO GET A PATENT: A non-provisional patent application is made to the Director of the United States Patent and Trademark Office and includes:

(1) When getting a patent a written document which comprises a specification (description and claims), and an oath or declaration;

(2) A drawing in those cases in which a drawing is necessary; and

(3) Filing, search, and examination fees. Patent applicant must determine that small entity status is appropriate before making an assertion of entitlement to small entity status and paying a small entity fee. How much does a patent cost: Fees change each October. The fee schedule is posted on the USPTO Web site.

HOW TO GET A PATENT CONTINUED: All patent application papers must be in the English language or a translation into the English language will be required along with the required fee set forth in 37 CFR 1.17(i). All patent application papers must be legibly written on only one side either by a typewriter or mechanical printer in permanent dark ink or its equivalent in portrait orientation on flexible, strong, smooth, non-shiny, durable and white paper.

The patent application papers must be presented in a form having sufficient clarity and contrast between the paper and the writing to permit electronic reproduction. Each document in the patent application papers must all be the same size - either 21.0 cm by 29.7 cm (DIN size A4) or 21.6 cm by 27.9 cm (8 1/2 by 11 inches), with a top margin of at least 2.0 cm (3/4 inch), a left side margin of at least 2.5 cm (1 inch), a right side margin of at least 2.0 cm (3/4 inch) and a bottom margin of at least 2.0 cm (3/4 inch) with no holes made in the submitted papers for getting a patent. It is also required that the spacing on all papers be 1 1/2 or double-spaced and the patent application papers must be numbered consecutively (centrally located above or below the text) starting with page one for getting a patent. The specification must have text written in a nonscript font (e.g., Arial, Times Roman, or Courier, preferably a font size of 12) lettering style having capital letters which should be at least 0.3175 cm (0.125 inch) high, but may be no smaller than 0.21 cm (0.08 inch) high (e.g., a font size of 6). For getting a patent, the specification must have only a single column of text.

The getting a patent specification must conclude with a claim or claims particularly pointing out and distinctly claiming the subject matter which the patent applicant regards as the invention. The portion of the patent application in which the patent applicant sets forth the claim or claims for getting a patent is an important part of the patent application, as it is the claims that define the scope of the protection afforded by the patent. The claims must commence on a separate physical sheet of paper for getting a patent.

More than one claim may be presented per patent application provided they differ from each other. Patent application claims may be presented in independent form (e.g. the claim stands by itself) or in dependent form, referring back to and further limiting another patent application claim or patent application claims in the same patent application. Any dependent claim which refers back to more than one other claim is considered a "multiple dependent claim" for how to get a patent purpose.

HOW TO GET A PATENT: The patent application is not forwarded for examination until all required parts, complying with the rules related thereto, are received. If any patent application is filed without all the required parts for getting a patent and obtaining a filing date (incomplete or defective), the patent applicant will be notified of the deficiencies and given a time period to complete the patent application filing (a surcharge may be required) at which time a filing date as of the date of such a completed submission will be obtained by the applicant. If the omission is not corrected within a specified time period, the patent application will be returned or otherwise disposed of; the filing fee if submitted will be refunded less a handling fee as set forth in the fee schedule.

The filing fee and declaration or oath need not be submitted with the parts requiring a filing date. It is, however, desirable that all parts of the complete patent application be deposited in the Office together; otherwise each part must be signed and a letter must accompany each part, accurately and clearly connecting it with the other parts of the patent application for getting a patent. If an application which has been accorded a filing date does not include the filing fee or the oath/declaration, applicant will be notified and given a time period to pay the filing fee, file an oath/declaration and pay a surcharge when getting a patent. The applicant will learn how to get a patent the hard way, and unfortunately, it's very common.

All patent applications received in the USPTO are numbered in sequential order and the applicant will be informed of the application number and filing date by a filing receipt.

The filing date of a patent application is the date on which a how to get a patent specification (including at least one claim) and any drawings necessary to understand the subject matter sought to be patented are received in the USPTO; or the date on which the last part completing the patent application is received in the case of a previously incomplete or defective application for getting a patent.

PROVISIONAL PATENT APPLICATION

Since June 8, 1995, the USPTO has offered inventors asking how to get a patent the option of filing a provisional patent application which was designed to provide a lower cost first patent filing in the United States and to give U.S. applicants parity with foreign applicants. How to get a patent claims and oath or declaration are NOT required for a provisional patent application. Provisional patent application provides the means for how to get a patent and to establish an early effective filing date in getting a patent and permits the term "Patent Pending" to be applied in connection with the invention. Provisional patent application may not be filed for design inventions.

The filing date of a provisional patent application is the date on which a written description of the invention, and drawings if necessary, are received in the USPTO. To be complete, a provisional patent application must also include the getting a patent filing fee, and a cover sheet specifying that the patent application is a provisional application for patent. The applicant would then have up to 12 months to file a non-provisional patent application as described above. The claimed how to get a patent subject matter in the later filed non-provisional patent application is entitled to the benefit of the filing date of the provisional patent application if it has support in the provisional patent application. If a provisional patent application is not filed in English, and a non-provisional patent application is filed claiming benefit to the provisional patent application, a translation of the provisional patent application will be required. See title 37, Code of Federal Regulations, Section 1.78(a)(5).

HOW TO GET A PATENT, CONTINUED: Provisional applications are NOT examined on their merits. A provisional patent application will become abandoned by the operation of law 12 months from its filing date. The 12-month pendency for a provisional patent application is not counted toward the 20-year term of getting a patent granted on a subsequently filed non-provisional application which claims benefit of the filing date of the provisional patent application.

A surcharge is required for getting a patent for filing the basic filing fee or the cover sheet on a date later than the filing of the provisional application.

PUBLICATION OF PATENT APPLICATIONS

How to get a Patent. Publication of patent applications is required by the American Inventors Protection Act of 1999 for most plant and utility patent applications filed on or after November 29, 2000. On filing of a plant or utility patent application on or after November 29, 2000, an applicant may request that the patent application not be published, but only if the invention has not been and will not be the subject of an application filed in a foreign country that requires publication 18 months after filing (or earlier claimed priority date) or under the Patent Cooperation Treaty. Publication occurs after the expiration of an 18-month period following the earliest effective filing date or priority date claimed by an application. Following publication, the application for patent is no longer held in confidence by the Office and any member of the public may request access to the entire file history of the patent application.

As a result of a getting a patent publication, an applicant may assert provisional rights. These rights provide a patentee with the opportunity to obtain a reasonable getting a patent royalty from a third party that infringes a published patent application claim provided actual notice is given to the third party by applicant getting a patent, and a patent issues from the application with a substantially identical claim. Thus, damages for pre-patent grant infringement by another are now available. How to get a patent can get very complex.

OATH OR DECLARATION, SIGNATURE

The oath or declaration of the applicant (inventor) is required by law for a non-provisional patent application. The inventor must make an oath or declaration that he/she believes himself/herself to be the original and first inventor when getting a patent of the subject matter of the patent application, and he/she must make various other statements required by law and various statements required by the USPTO rules of how to get a patent. If a patent application data sheet is filed, the USPTO rules require fewer statements in the oath or declaration for getting a patent. See title 37, Code of Federal Regulations, Sections 1.63 and 1.76. The oath must be sworn to by the inventor before a notary public or other officer authorized to administer oaths. A declaration may be used in lieu of an oath. Oaths or declarations are required for patent applications involving designs, plants, and utility inventions and for reissue applications when getting a patent. A declaration does not need to be notarized. When filing a continuation or divisional patent application a copy of the oath or declaration filed in the earlier application may be used when getting a patent.

The oath or declaration must be signed by the inventor in person, or by the person entitled by law to make patent application on the inventor's behalf, and familiar with how to get a patent. A full first and last name with middle initial or name, if any, and the citizenship of each inventor are required. The mailing address of each inventor and foreign priority information (if any) are also required if a patent application data sheet is not used.

Forms for declarations are available by calling the USPTO General Information Services at 800-786-9199 or 703-308-4357 or by accessing USPTO Web site at http://www.uspto.gov under the section titled "PTO Forms". The papers in a complete patent application will not be returned for any purpose whatsoever, nor will the filing fee be returned. If applicants have not preserved copies of the papers, the Office will furnish copies for a fee. If you are an inventor not familiar with how to get a patent, call McFarlin & Geurts LLP today to speak with a patent lawyer.

FILING, SEARCH, AND EXAMINATION FEES- HOW MUCH DOES IT COST TO GET A PATENT

HOW MUCH DOES IT COST TO GET A PATENT: Patent applications are subject to the payment of a basic fee and additional fees that include search fees, examination fees, and issue fees. When considering how much does a patent cost, these fees are due at the time of filing the patent application. Consult the USPTO Web site at http://www.uspto.gov for the current fees. Additional filing fees are due if there are more than 3 independent claims, more than 20 total claims, or if the total number of sheets of paper in the specification and claims is over 100. If the patent application contains multiple dependent claims, additional fees are required.

If the owner of the invention is a small entity seeking to know how much does a patent cost, (an independent inventor, a small business concern or a non-profit organization), most fees are reduced by half if small entity status is claimed when asking how much does a patent cost. If small entity status is desired and appropriate, applicants should file a written assertion of small entity status in addition to paying the small entity how much does a patent cost filing fee. The written how much does a patent cost assertion may be a simple statement on a transmittal letter such as "Applicant claims small entity status". Applicants claiming small entity status should ask how much does a patent cost and make an investigation as to whether small entity status is appropriate before claiming such status. How much does it cost to get a patent seems like a simple question, but as with all details of patent law, a patent attorney may be required to even answer this simple how to get a patent question.

In calculating how much does a patent cost fees, a claim is singularly dependent if it incorporates by reference a single preceding claim that may be an independent or dependent claim. A multiple dependent claim or any claim depending there from shall be considered as separate dependent claims in accordance with the number of claims to which reference is made. This can impact how much does a patent cost.

The law also provides for the payment of additional how much does a patent cost fees on presentation of additional claims after the patent application is filed. When an amendment is filed which presents additional claims over the total number already paid for, or additional independent claims over the number of independent claims already accounted for, it must be accompanied by any additional fees due.

Most of the how much does a patent cost fees are subject to change in October of each year.

Obviously if you're asking how much does it cost to get a patent or how to get a patent, you probably have a good idea you're interested in protecting. A DIY Patent is just not a good business decision. Even if you are successful in "getting a patent" that doesn't answer the more important question of whether your patent will be enforceable against those copying you. The best thing you can do for yourself and your idea is to call a patent lawyer or patent attorney such as McFarlin & Geurts, LLP to secure your idea is secure and yours to keep.