Welcome to the virtual consultation on patents. Some patent attorneys offer inventors free consultations, during which they go over some of the basics for protecting an inventor’s invention. This consultation goes over some of those basics – so that when you meet with a patent attorney, you can skip over the basics and get right to the heart of your invention. Please note that this consultation is only intended as general information and not as legal advice. Let’s get started . . .
Are there any deadlines for filing a patent application? There are certain dates that trigger deadlines for filing a patent application, call “bar dates.” In the United States, you have one year from the date of first public disclosure, public use, publication, sale or offer for sale of your invention, in which to file at least a provisional patent application, or you will be forever barred (hence the term “bar date”), or prohibited by law, from filing a patent application for your invention.
Do I need a prior art search before filing a patent application? A prior art search is not required before filing a patent application for your invention. The US Patent Office will conduct their own search regardless of whether you do your own prior art search. But you may still want to consider doing a prior art search to find out what is out there that might be the same or similar to the invention. The prior art search can give you a better idea of the state of the art related to your invention. In some cases, the prior art search turns up references that are the same as, or so similar to your invention. If this is the case, you may decide not file a patent application for your invention and you’ve just saved yourself thousands of dollars!
What is a provisional application for my invention? A provisional patent application can be filed in the US Patent Office for your invention, and will be pending for exactly one year from the date of filing. Provisional patent applications are never examined by the U.S. Patent Office. But you may mark your invention as “Patent Pending” or “Pat. Pend.” during this time. A provisional patent application automatically goes abandoned after one year from the date of filing. Therefore, you must file a regular patent application claiming priority to your provisional patent application before the one year expires. A regular patent application will be examined by the U.S. Patent Office.
Does a patent application protect my invention? Just because you file a patent application, does not mean that you can enforce it against infringers. First, your patent application must be examined and allowed to issue as a patent before you can enforce your patent against infringers.
How long will it take for my patent to issue? The US Patent Office typically takes 1-3 years (sometimes longer) before they examine your patent application. But there is nothing preventing you from licensing or selling rights in your patent application or from selling the product of your invention.
Does a US patent protect my invention in foreign countries? A US patent does not offer any protection for your invention outside of the United States. If you want to pursue protection your invention outside of the United States, then you will need to file a patent application in the particular country or countries of interest, or a PCT patent application.
What other types of protection are available ? You may also want to discuss other types of intellectual property protection with your patent attorney, including but not limited to, design patents, copyrights, trademarks, and trade secret protection.
I hope that this “consultation” has been informative. Please remember that this is not a substitute for legal counsel. Don’t delay in hiring a patent attorney to help you with your invention . . . or you risk losing important legal rights!
