Patent FAQ

The following are answers to questions frequently encountered regarding patents and the patent application process.

After reading the posts below, you can see all the patent posts here.

1. Initial Considerations

• What is a Patent?
• What is an Invention?
• How to protect your invention when launching a Kickstarter (crowd funding) Campaign?
• Patent Costs
  • How much does a patent cost?
  • How do I reduce patent costs?
  • Do I qualify for small entity fees at the USPTO?
  • Do I qualify for micro entity fees at the USPTO?
• Timing
  • How long does it take to get a patent?
  • How can a delay in getting a patent help me?
• Type of Patent
  • Do I need a design patent or a utility patent?
• Prototyping and Sales
  • Should I create a prototype before applying for a patent on my invention?
  • Do I need a patent to sell my product or service?
• Dealing with Others
  • What if someone else invented with me?
  • Does my employer have rights in my invention?
  • Someone stole my invention, what can I do?
• Nondisclosure Agreements (NDAs)
  • What is a NDA (NonDisclosure Agreement)?
  • Problems with Requiring an NDA before pitching or selling your invention
• Non-Patent Options
  • How to protect an unpatentable invention?

2. Patent Searching and Opinions

• What is prior art?
• What is a patentability search & opinion?
• How to patent search?
• What is a clearance or freedom to operate search & opinion?
• Patentability v. Non-Infringement: If I have a patent how can my product infringe?
• How do I find my competitor’s patents or patent applications?

3. Patent Application Drafting and Filing

• Should I start with a provisional or a non-provisional patent application?
• Should I write my own patent application (DIY Patents)?
• Design Patents: Using Broken Lines
• A History of Software and Business Method Patents

4. Patent Pending/Prosecution after Filing

• What is patent pending?
• How to stop copiers during patent pending?
• What happens after the patent application is filed?
• How to view my (or another’s) patent or patent application status and history at the USPTO online
• Can I add new invention developments to my previously filed patent application?

5. After the Patent is Granted

• When does my patent expire?
• How do I mark my products after the patent is granted?

6. Foreign Patents and International Patent Applications

• Can I file an international patent application (PCT Patent Application)?