|
|
|
Contact
|
Gulf Coast Intellectual Property Group, LLC patent attorneys and agents have received specialized training that enables them to efficiently and effectively counsel our clients in securing patents and in related matters such as licensing of patent rights.. Our patent attorneys and agents possess diverse scientific backgrounds and educations covering biology, chemical, mechanical, electronic, and computer science disciplines. The three questions we hear most from independent inventors are:
I have an idea (or concept); can I get a patent on it? Inventors often ask, "Can I patent an idea (or a concept)? Generally, one cannot patent a mere concept or idea. The concept must be developed to the point of reduction to practice, where it is or can be put into tangible form and capable of doing some good, that is, to have utility. Often, it is useful to actually reduce the invention to practice, that is, to make or build the invention and try it out (in secret, of course). It doesn't have to work perfectly, but it should work well enough to show that it can work well enough to serve its intended purpose. While there are many benefits in actually reducing an invention to practice, this is not strictly required by the patent laws. One may also obtain a patent with a constructive reduction to practice. This means that the invention is described in such detail, in words and drawings, in a patent application filed in the Patent Office, that one of ordinary skill in the art is enabled to practice the invention. This level of detail is required whether or not the invention has been actually reduced to practice. To merit a patent, an invention must be useful, novel and non-obvious (a search of the prior art may be instructive) and described in detail in a patent application ending with one or more claims. We often ask inventors whether they have tried out their ideas (or concepts) and, if not, why not? It is common experience that ideas may not work as planned. Often, it is in solving the unanticipated problem that the truly useful and meritorious invention is made -- one which deserves and benefits from the issuance of a patent. On the other end of the spectrum, inventors sometimes wait too long to file a patent application. There are statutory bars -- the U.S. has a one year "grace period" -- most countries require "absolute novelty." Moreover, another inventor may independently make the same invention and win the race to the Patent Office, which creates complications, to the say the least. Generally, the best practice is for inventors to file a patent application as soon as their invention is "ready for patenting" and before any publication, public use, sale, or offer for sale of the invention. How much does a patent cost?How much does it cost to get a patent? This is one of the questions most frequently asked by clients. When Gulf Coast Intellectual Property Group, LLC Firm agrees to represent a client, an actual cost estimate normally is prepared and discussed after review of the specific invention in view of all the facts and circumstances. For typical or "ballpark" figures for patent costs, please read further. According to actual statistics, the median reported by U.S. patent attorneys for the year 2002 was $5,504 in fees for services, plus actual out-of-pocket costs such as the government filing fee, technical drawings, to prepare and file an original non-provisional U.S. utility patent application on an invention of "minimal complexity." This median figure is from the Economic Survey published by the American Intellectual Property Law Association (AIPLA) (2004), which survey is conducted every two years with some lag time. Additional expenses will be incurred in prosecuting (shepherding) the patent application through issuance by the Patent Office. Median fees and costs are somewhat higher now than reported in the last published survey. Fees and costs depend on several factors, including the experience and skill of the patent practitioner, the complexity of the invention, the number of claims, the number of patent applications, and other factors. It is possible in some cases to beat the median cost statistics quoted above. Cost control requires experience and execution by the patent practitioner and the full cooperation of the client. For example, a client's quick response to a request for technical details often permits faster filing of a better application at a lower cost than would otherwise be the case. Gulf Coast Intellectual Property Group, LLC Firm is committed to providing reasonable fees, careful control of costs, and clear communications to clients regarding fees and costs before or within a reasonable time after beginning work on a patent matter. Do I have to use an attorney?The U.S. Patent and Trademark Office (USPTO) permits inventors to file and prosecute their own patent applications, but they do not encourage it. Instead, their advice is as follows: "The patent application process is complex. The USPTO cannot assist in the preparation of patent application papers. If you are ready to apply for a patent, we strongly advise you contact a registered patent attorney or agent."Most people would be better off building their own homes than writing their own patent applications. In a new home, most defects are quickly identified and cured, but this may not not be possible for a patent application, which will not be examined substantively for about a year. If a patent application is found lacking, it may be too late to cure because no "new matter" can be added without filing a new application, which may present complications. A patent application should be as complete as possible when filed. The patent examiner will require a detailed written description, see 35 USC 112, but she will not allow any new matter to be added. 35 USC 132. Many inventors and companies are brought to their knees in the Patent Office or in "bet the company" litigation when they find their patents are invalid or too narrow. They often wish they had spent a few thousand dollars more on the patent application. About half of all patents are issued to independent inventors. The other half are issued to inventors employed by companies, which normally require assignment to the company, especially when the invention is made in the scope of the employment. Most companies handle invention disclosures through internal processes and channels. Companies employing patent attorneys may handle patent applications in house; others assign this responsibility to a law firm working under the guidance and supervision of company attorneys or managers. Whether employed or independent, most inventors are well advised to consult an attorney concerning how best to protect their inventions. At Gulf Coast Intellectual Property Group, LLC there is no charge for any initial consultation about your intellectual property needs. Call us today to discuss how we can help you or your organization. |
Send mail to info@gulfcoastip.com with
questions or comments about this web site.
|
