1. Patent Applications Just the Frequently Asked Questions

2. What is a patent? A patent is a legally binding contract between an inventor, an owner (who may be the same person) and the people of the U.S. represented by the U.S. Office of Patents and Trademarks.

3. Who is involved in obtaining a patent? The Inventor/The Owner The Patent Attorney The Patent Examiner (U.S. Citizens)

4. Patents limit competition. Patents are a teaching tool. Patents demonstrate capability. Patents protect intellectual property. Why would I want to obtain a patent?

5. Brief Introduction Technical Description Legal Statements What are the main parts of a Patent? Abstract: Specification: Claims:

6. Do I need to build my invention to obtain a patent? No

7. Do I need to have every last detail of my idea fleshed-out and documented to apply for a patent? No

8. If I have an idea I want to patent, but I am not prepared today to file an application, am I out-of-luck? No

9. If I publish a paper about my invention, or sell my invention, prior to applying for a patent, do I forfeit my opportunity to do so? No But you only have one calendar year from any one of the above events to file.

10. If I have a patent, and I improve on my idea, is my improvement automatically covered by the original patent? No But a Continuation in Part application or a new application may be filed any time prior to the date the original patent issues.

11. Are U.S. patents recognized by other countries? Yes and No U.S. Patents forbid the development, marketing and/or sale of items under U.S. Patent protection within the U.S., unless an individual is licensed by the owner of the patent.

12. Are there foreign patents, and can I apply for one if I want to patent my invention in other countries? Yes Foreign patent applications are: extremely expensive usually more difficult to satisfy subject to similar, but different restrictions and criteria.

13. What should I do if I want to apply for Patent Protection? Evaluate the cost. Evaluate the merit of the idea. Write a letter to the U.S. Office of Patents and Trademarks. Identify and retain a Patent Attorney. Develop the Application.

14. Approximately how much does it cost to apply for a U.S. Patent? Evaluate the cost$ 7,000.00+/- Patent Search Expenses*$ 500.00 Application Fee$ 500.00 Attorney’s Fee$ 2,500.00 Litigation Expenses$ 1,500.00 Maintenance Fees$ 1,500.00 Total:$ 6,500.00 *Optional Expense - may lower risk of failure

15. How do I evaluate the merit of my idea? Evaluate the merit of your idea in terms of your life goals. –Having an approved patent does not mean instant rewards; it may take 10 to 20 years. Evaluate the merit of your idea in terms of time invested. –A patent application may take as much as 2 - 3 years to issue from date of application, not counting the time to develop the application.

16. How do I evaluate the merit of my idea? Evaluate the merit of the idea in terms of earning potential. –Will your idea generate $1,000,000.00? Direct Business –New Business Co-Lateral Business –Sale –Licensure Lost Opportunity Infringement Benefits –Litigation

17. Why would I want to write a letter to the U.S. Office of Patents and Trademarks? U.S. Patent Law allows an inventor to notify the U.S. Office of Patents and Trademarks of your “intent to patent,” thereby protecting your idea for one calendar year. Nominal fee $25.00 to $100.00 Advantage - Early Disclosure Protection

18. Why would I want to write a letter to the U.S. Office of Patents and Trademarks? U.S. Patent Law allows an inventor to notify the U.S. Office of Patents and Trademarks of your “intent to patent,” thereby protecting your idea for one calendar year. Nominal fee $25.00 to $100.00 Disadvantage - Critical Deadline

19. Why would I want to write a letter to the U.S. Office of Patents and Trademarks? U.S. Patent Law allows an inventor to notify the U.S. Office of Patents and Trademarks of your “intent to patent,” thereby protecting your idea for one calendar year. Nominal fee $25.00 to $100.00 Disadvantage - Critical Deadline Advantage - Early Disclosure Protection

20. Why should I contact a Patent Attorney? It is possible to apply for a patent without an attorney, but the risk of failure is very high. He/She is your representative to the U.S. Office of Patents and Trademarks. He/She is your counsel for interpreting the law. He/She is your technical “sounding board” and strategist. –A Patent Attorney has a Degree in Engineering and in law.

21. What do I need to develop my Patent Application? A credible, patentable and valuable idea –Not obvious to “someone of ordinary skill in the art.” –Not already published or on the market.

22. What do I need to develop my Patent Application? A credible, patentable and valuable idea –Not obvious to “someone of ordinary skill in the art.” –Not already published or on the market. Hard Work (research) More Hard Work (writing) Harder Work (testing) Hardest Work (persuading)

23. What should I do if I want to apply for Patent Protection? Evaluate the cost.$7,000.00 +/- Evaluate the merit of the idea.Risks vs. Value Write a letter to the U.S. Office Protection of Patents and Trademarks. Identify and retain a Patent Attorney.Help! Develop the Application.WORK!