n SKINNER AND ASSOCIATES

 

Home

 

About Us

 

Members

 

Practice Areas

 

Careers

 

Contact Us

 

Links



 

 

 

 

 

FAQs PATENTS

 

FREQUENTLY ASKED QUESTIONS (FAQs)

PATENTS


  1. What is a patent?
  2. What is patent pending?
  3. What is patent infringement?
  4. Where is a patent effective?
  5. What is the deadline for filing a patent application?
  6. What inventions are patentable?
  7. How much does a patent cost?
  8. How long does a patent last?
  9. Who is an inventor?
  10. Who owns a patent?

1.  What is a patent?

A US patent is a grant by the federal government of a right to exclude others from making, using, selling, offering to sell or importing a defined invention in the US for a specified term.  For "utility" patents, the invention is an apparatus, method, article of manufacture, or composition, and the term is 20 years from application filing.  For "design" patents, the invention is an ornamental design for an article of manufacture, and the term is 14 years from patent issue.   Patents may only be obtained  by filing an application.  "Provisional" applications are essentially temporary, lower cost applications.

Back to Top

2.  What is patent pending?

"Patent Pending" (also "Pat.Pend.", "patent applied for") is a common notice applied to products to indicate to the public that a patent application has been filed and is in the process of examination by the US Patent and Trademark Office (USPTO).  

Back to Top

3.  What is patent infringement ?

Patent infringement occurs when an entity makes, uses, sells, offers to sell or imports, in the US, the invention of a patent without permission from the patent owner. 

Back to Top

4.  Where is a patent effective?

US patents are effective In the US only.  However, US patents may have an impact on goods imported into the US and goods exported from the US.  Patents in other countries are typically effect only in such countries.

Back to Top

5.  What is the deadline for filing a patent application ?

In general, a US patent application must be filed within one year of a public disclosure on the invention.  Patent applications in most other countries must be filed before public disclosure of the invention.

Back to Top

6.  What inventions are patentable ?

Apparatus, methods, compositions, and articles of manufacture which have utility, are novel and are unobvious are patentable. 

Back to Top

7.  How much does a patent cost?

Patents are expensive.  Costs include government fees and attorney fees at several stages (filing, prosecution, issue) of an application process that typically extends 2 years or more.  Utility patents also have maintenance fees due every 4 years after issuance.  Costs typically range from $3000 to 25,000.

Back to Top

8.  How long does a patent last?

The term of a US utility patent is 20 years from application filing date.  The term of a US design patent is 14 years from patent issue date.  It typically takes 2-3 years to obtain a patent after filing an application.

Back to Top

9.  Who is an inventor?

In general, an inventor is any person who contributes subject matter to at least one claim of a patent.

Back to Top

10.  Who owns a patent?

Absent an agreement or other obligation to transfer ownership, each inventor owns an undivided interest in a patent. 

Back to Top

Home | About Us | Members | Practice Areas | Careers | Contact Us | Links