3. USPTO Patent Filing Fee
Posted: Tue Dec 24, 2024 8:07 am
Direct Infringement: Direct Infringement occurs when any product or invention that is very close to a patented invention is used, sold, or made without prior permission or a license from the patent holder.
Indirect Infringement: Indirect Infringement occurs when a person is not directly responsible or actively involved in the infringement. Generally, it occurs when a company sells a spare part that is used to manufacture an infringing product. In this case, the company selling the spare part will be considered an indirect infringer.
Patent infringement is basically in two categories:
Literal Infringement: Literal infringement , where each claim element corresponds directly to a feature of the product.
Doctrine of Equivalents: Equivalent doctrine , 648/2012 Text with EEA relevance where certain features of the claim do not correspond directly to the product feature but are identical or similar and perform substantially the same function.
Violation Analysis
To create an infringement analysis the following point must be taken into consideration :
Define the scope of the claim.
Comparison of a claim with an accused product to determine whether there is similarity and whether there is literal infringement.
Compare a claim to an accused product to determine whether there is similarity and whether there is infringement under the doctrine of equivalents.
Contact
How long does a Utility Patent last?
Utility Patent Duration
The duration of a utility patent is 20 years from the non-provisional filing date of a patent application and is defined as the time for which a patent is alive and provides legal rights to the applicant and the inventor.
Utility Patent Expiration
Utility patents become dead or expire after 20 years from the filing date of the patent application and during the term of the patent (once the patent is granted), the inventor can enforce the patent rights against a competitor and prevent a competitor from making, using, selling, offering for sale, or importing the invention.
Once the patent term has expired, the term cannot be extended, and anyone can use the invention after the patent term expires. To keep a patent in force during the patent term, renewal fees (or maintenance fees) must be paid in a timely manner after the patent is granted.
During the patent term, the inventor/applicant can license or sell or use the patent to gain monetary profit from the invention. After the patent term expires, the patent is open for use by anyone to obtain information.
Utility Patent Requirements
According to utility requirement patent law, there are four requirements for utility patent(s) that must be met and they are as follows:
Novelty : The invention should be different in some way from prior art (i.e., current public knowledge or public disclosure such as Offers for sale, sales, public use, and publications). If an inventor publishes any disclosure of his/her invention more than one year before filing for a patent, then it is considered prior art only. This one-year grace period is granted in the United States, but most other countries do not grant such a period.
Therefore, it is recommended to file a patent application before any public disclosure is made. In addition, a confidentiality agreement (CDA) or non-disclosure agreement (NDA) may be signed between the third party and the inventor, prior to the disclosure of the invention before filing a patent application.
Utility : The invention should be useful. The claimed invention should work as claimed and be useful for a purpose. The inventor may include a utility statement with his patent application to prove its utility to an examiner. When patenting a pharmaceutical or chemical compound, this requirement is even more important, as it is mandatory to define a specific or practical use for the new compound.
Obviousness : The invention should not be obvious to an expert in the industry (POSITA). It should represent a certain advance over the prior art. Determining this requirement for a utility patent is one of the most difficult decisions in patent law.
To make such a determination, an examiner at the patent office will review the patent applications that are closest to the invention for which patent protection is sought. If no such prior art is found, a combination of two or more prior arts may be used to find all the features of the claimed invention.
If the examiner succeeds in finding such a combination, he/she can reject the invention as an obvious invention. A combination of prior art references is a common type of rejection of a patent application. A combination of known prior art elements that retain their respective properties when combined.
Content Eligibility:
There are certain inventions, such as those involving software and those involving certain types of medical tests and diagnostics, that are likely to be challenged under this utility patent requirement. Inventions that do not fall under Section 101 of the Patent Act are said to fail the " Subject Eligibility " requirement for patent protection and do not qualify as valid U.S. patents.
There are a few examples that are outside the scope of Subject Matter Eligibility: music, literary works, compilations or arrangements of data, etc. To solve this problem, patent attorneys will claim software in the context of a computing process or machine.
Contact
Utility Patent Cost
What is the Cost of a Utility Patent?
The cost of a utility invention/patent is divided into three main categories: (1) patent preparation and filing costs, (2) prosecution costs to obtain the patent, and (3) post-grant fees and patent maintenance fees paid after the patent is granted, this adds up to the average cost of a utility patent to $5000 – $50000.
What is the Cost of Preparing and Filing a Utility Patent?
There are two ways to file a utility patent i.e., either by directly filing a full non-provisional application with the patent office or by filing a provisional application for the first time and within a period of 1 year, submitting another non-provisional application.
Based on the type of patent application, the cost of writing and filing utility patents will fluctuate in both cases.
The cost of a provisional patent application ranges from $75 to $15,000 and from $455 to $20,000, and in addition, if the inventor wants to upgrade from a provisional application to a non-provisional application, the cost will depend entirely on how much detail you have included in the provisional patent application and how much they would like to add to the non-provisional application.
Each of the above patent preparation and filing costs is further divided into subcategories:
1. Costs of the Patent Attorney
To prepare/draft and file a patent, the patent attorney would calculate the associated cost based on the parameters mentioned below:
The nature and complexity of the invention, where software inventions cost on the higher side.
The attorney spends time to clearly understand the inventi Colombia Phone Number Material on and also to generally draft a patent as the inventor desires,
Experience of the patent attorney
The cost of drafting a patent attorney would be more than $10,000 and this attorney fee can be ignored if you wish to draft the patent yourself, however, the inventor should focus on the quality and legal parameters of the invention during this time.
2. The cost of skilled illustrations, and the typical cost varies between $50 and $125 per sheet.
The major parameters on which the utility idea/patent filing fee depends are the length of the application, which relates to the number of pages, the number of claims (independent as well as dependent), and the type of entity (small or micro. (c) that has requested to apply for the patent.
The utility patent can be filed electronically via EFS-Web or non-electronically by visiting the patent office and paying an additional $400 as non-electronic filing fees. In addition, the filing fee is divided into the categories below and is well summarized by the USPTO
Temporary utility application fee, between $75 and $300
The
Indirect Infringement: Indirect Infringement occurs when a person is not directly responsible or actively involved in the infringement. Generally, it occurs when a company sells a spare part that is used to manufacture an infringing product. In this case, the company selling the spare part will be considered an indirect infringer.
Patent infringement is basically in two categories:
Literal Infringement: Literal infringement , where each claim element corresponds directly to a feature of the product.
Doctrine of Equivalents: Equivalent doctrine , 648/2012 Text with EEA relevance where certain features of the claim do not correspond directly to the product feature but are identical or similar and perform substantially the same function.
Violation Analysis
To create an infringement analysis the following point must be taken into consideration :
Define the scope of the claim.
Comparison of a claim with an accused product to determine whether there is similarity and whether there is literal infringement.
Compare a claim to an accused product to determine whether there is similarity and whether there is infringement under the doctrine of equivalents.
Contact
How long does a Utility Patent last?
Utility Patent Duration
The duration of a utility patent is 20 years from the non-provisional filing date of a patent application and is defined as the time for which a patent is alive and provides legal rights to the applicant and the inventor.
Utility Patent Expiration
Utility patents become dead or expire after 20 years from the filing date of the patent application and during the term of the patent (once the patent is granted), the inventor can enforce the patent rights against a competitor and prevent a competitor from making, using, selling, offering for sale, or importing the invention.
Once the patent term has expired, the term cannot be extended, and anyone can use the invention after the patent term expires. To keep a patent in force during the patent term, renewal fees (or maintenance fees) must be paid in a timely manner after the patent is granted.
During the patent term, the inventor/applicant can license or sell or use the patent to gain monetary profit from the invention. After the patent term expires, the patent is open for use by anyone to obtain information.
Utility Patent Requirements
According to utility requirement patent law, there are four requirements for utility patent(s) that must be met and they are as follows:
Novelty : The invention should be different in some way from prior art (i.e., current public knowledge or public disclosure such as Offers for sale, sales, public use, and publications). If an inventor publishes any disclosure of his/her invention more than one year before filing for a patent, then it is considered prior art only. This one-year grace period is granted in the United States, but most other countries do not grant such a period.
Therefore, it is recommended to file a patent application before any public disclosure is made. In addition, a confidentiality agreement (CDA) or non-disclosure agreement (NDA) may be signed between the third party and the inventor, prior to the disclosure of the invention before filing a patent application.
Utility : The invention should be useful. The claimed invention should work as claimed and be useful for a purpose. The inventor may include a utility statement with his patent application to prove its utility to an examiner. When patenting a pharmaceutical or chemical compound, this requirement is even more important, as it is mandatory to define a specific or practical use for the new compound.
Obviousness : The invention should not be obvious to an expert in the industry (POSITA). It should represent a certain advance over the prior art. Determining this requirement for a utility patent is one of the most difficult decisions in patent law.
To make such a determination, an examiner at the patent office will review the patent applications that are closest to the invention for which patent protection is sought. If no such prior art is found, a combination of two or more prior arts may be used to find all the features of the claimed invention.
If the examiner succeeds in finding such a combination, he/she can reject the invention as an obvious invention. A combination of prior art references is a common type of rejection of a patent application. A combination of known prior art elements that retain their respective properties when combined.
Content Eligibility:
There are certain inventions, such as those involving software and those involving certain types of medical tests and diagnostics, that are likely to be challenged under this utility patent requirement. Inventions that do not fall under Section 101 of the Patent Act are said to fail the " Subject Eligibility " requirement for patent protection and do not qualify as valid U.S. patents.
There are a few examples that are outside the scope of Subject Matter Eligibility: music, literary works, compilations or arrangements of data, etc. To solve this problem, patent attorneys will claim software in the context of a computing process or machine.
Contact
Utility Patent Cost
What is the Cost of a Utility Patent?
The cost of a utility invention/patent is divided into three main categories: (1) patent preparation and filing costs, (2) prosecution costs to obtain the patent, and (3) post-grant fees and patent maintenance fees paid after the patent is granted, this adds up to the average cost of a utility patent to $5000 – $50000.
What is the Cost of Preparing and Filing a Utility Patent?
There are two ways to file a utility patent i.e., either by directly filing a full non-provisional application with the patent office or by filing a provisional application for the first time and within a period of 1 year, submitting another non-provisional application.
Based on the type of patent application, the cost of writing and filing utility patents will fluctuate in both cases.
The cost of a provisional patent application ranges from $75 to $15,000 and from $455 to $20,000, and in addition, if the inventor wants to upgrade from a provisional application to a non-provisional application, the cost will depend entirely on how much detail you have included in the provisional patent application and how much they would like to add to the non-provisional application.
Each of the above patent preparation and filing costs is further divided into subcategories:
1. Costs of the Patent Attorney
To prepare/draft and file a patent, the patent attorney would calculate the associated cost based on the parameters mentioned below:
The nature and complexity of the invention, where software inventions cost on the higher side.
The attorney spends time to clearly understand the inventi Colombia Phone Number Material on and also to generally draft a patent as the inventor desires,
Experience of the patent attorney
The cost of drafting a patent attorney would be more than $10,000 and this attorney fee can be ignored if you wish to draft the patent yourself, however, the inventor should focus on the quality and legal parameters of the invention during this time.
2. The cost of skilled illustrations, and the typical cost varies between $50 and $125 per sheet.
The major parameters on which the utility idea/patent filing fee depends are the length of the application, which relates to the number of pages, the number of claims (independent as well as dependent), and the type of entity (small or micro. (c) that has requested to apply for the patent.
The utility patent can be filed electronically via EFS-Web or non-electronically by visiting the patent office and paying an additional $400 as non-electronic filing fees. In addition, the filing fee is divided into the categories below and is well summarized by the USPTO
Temporary utility application fee, between $75 and $300
The