While protecting
your new idea or product from duplication makes a patent application crucial,
there are fees involved in doing so. Lots of fees. Nor will these fees be
reimbursed if your patent application is rejected.
As with any other
governmental process, it's complicated just figuring out what the fees are and
what they're for, much less paying them. Let's see if we can offer some
clarity.
The legislation that authorizes the fees for your U.S. Patent
and Trademark Office patent application is the federal 2005 Consolidated
Appropriations Act. This act mandates the latest revisions (undoubtedly, this
means increase) for maintenance fees, search fees, filing fees, and examination
fees. If your patent application were to exceed 100 pages you would also incur
an application size fee. Fees differ according to whether you file online or by
mail. It also varies depending on whether you are applying for a utility or
design patent.
The basic filing fee for a utility patent is reduced in
half if you're considered a small entity - a sole proprietor inventor, a small
business or a non-profit organization. As of December 8th, 2004, this fee
ranges from $75-$795 for a utility patent and $100-$200 for a design patent.
More than likely you'll fall into the utility patent category. It is
defined by the U.S. Patent Office as a machine, process, "article of
manufacture," or "process of matter." A design patent, in contrast, is the
invention of a new pattern or ornamental design for manufacture.
Search fee range is wide as well - $50-$500. Examination fees will cost you
between $65 and $200.
Once your patent is in force, however, you are
not yet out of the financial woods. You will need to pay maintenance fees to
keep your patent in force. These payment dates are determined by the date of
the original application, and must be paid 3 1/2, 7 1/2 and 11 1/2 years from
that date.
The hefty fee is determined by date of payment. The first
maintenance fee for small entities is $450; the second fee totals $1150; and
the third $1900. For those determined by the U.S. PTO not to qualify as a small
entity the fee is double. Design patent holders pay no maintenance fees. These
maintenance fees apply to utility patents only.
For these charges
you'll receive protection against the loss of revenue from your invention that
could occur with duplication of your products or ideas. The U.S. PTO also
offers informational assistance, as well as face-to-face guidance.
In
its tenth year, the annual Independent Inventors Conference, cosponsored with
PTO by the National Inventors Hall of Fame, rolls out expert speakers who can
offer tips on protecting your intellectual property, marketing your products,
licensing your idea, finding a firm to help promote your invention, and
understanding of trademarks and copyrights as well. At past conferences, folks
like the PTO director, the U.S. patent commissioner, and the deputy
commissioner for patent policy have offered their expansive expertise.
The U.S. PTO site can help you with applications, terminology, and finding
a patent attorney or other professional to aid in your patent search. It is
also your best source for finding the nearest walk in help - your local Patent
and Trademark Depository Library.
ABOUT THE AUTHOR
Robert Michael is a writer for Juris Patents which is an excellent place to
find patents links, resources and articles. For more information go to:
http://www.jurispatents.com
