Zero to Patent Pending Patent Attorney - Orange County

What is the purpose of a patent?

Below are answers to frequently asked questions about how to protect to protect your invention. The purpose of a patent is to protect your potential future revenue and profit stream. Sometimes, inventors don't want to secure a patent because of the high cost for securing patent protection. However, my response is that the cost to secure patent protection is minimal compared to the high cost of doing business without patent protection. I would make one slight distinction regarding the value that the patent brings to the product launch sequence. In some circumstances, it is not worth securing a granted patent before you start to market and sell your invention to the public. Nevertheless, it is my opinion that securing patent pending status would still be worthwhile and delaying the expenses (i.e., examination costs) associated with arguing with the examiner to get the patent granted.

What is the difference between a provisional and nonprovisional patent application?

The primary difference between a provisional and nonprovisional patent application is not the cost. You will find many different websites and patent attorneys and agents that advertise a low cost provisional patent application. The Patent Office states that the purpose of the provisional patent application is to provide a lower cost option. The key word here is lower. They do not say that the provisional patent application is a cheap option. Surely, if the provisional patent application is prepared to provide the same degree of patent-pendency type patent protection, then the provisional patent application is not a cheap option compared to the nonprovisional patent application. It is a lower cost option. The primary difference is that the provisional patent application is never examined and the nonprovisional patent application does enter the queue for examination at the Patent Office. This means that the primary use at least in my opinion for the provisional is that it can be used as a means to delay examination of your patent application, and thus consequentially delay the examination costs.

What is the difference between a design and utility patent application or patent?

The difference between a design patent and a utility patent is that the design patent protects the way that a product looks or its aesthetic value, whereas, the utility patent protects the functional aspects of your product. You need to understand the value of the design patent versus the utility patent before you can decide whether you should seek a design patent, utility patent or incur the cost to seek both.

What is a novelty search?

A novelty search is normally a search of the patent database at the USPTO to determine whether your invention is novel or new. The search can also include a search of other patent databases throughout the world such as the European Patent Office (EPO). However, for many novelty searches, it will only include a search of the USPTO patent and patent application databases.

What are the benefits of a novelty search?

There are at least two different benefits for conducting a novelty search. First, it will provide an indication as to whether your invention is old. If it is old, then there is no need to incur the expense of securing a patent unless there is some nuance that would be valuable enough to justify the expenses. Second, if similar products or features are revealed in the novelty search, then this can guide the patent attorney to draft the patent application with a different focus since the patent attorney will now know where the patentable subject matter is.

How to conduct a novelty search on your own?

The USPTO publishes a 7-step patent search strategy which teaches you how to conduct your own patent search. Use that guide along with the website at www.freepatentsonline.com.