patent process overview
'patent' is from Latin: 'to disclose'; and US
Patents are grants of monopoly in exchange for
proper disclosure of the claimed invention in
a full Application published as the US Patent.
US 6,883,200: Tooth brush
pending is from old French 'to be decided'
but since Mar. 2000 Applications for US Patent
have been published as Pre-Grant Publications
unless filed with a Request for-Non Publication.
The 'PG PUB' for Tooth brush

The U.S. Patent process is based on a contract: grant of monopoly to sales,
manufacture, and importation in exchange for disclosure of the innovation and
require full application within a year of any public disclosure including offer of sale.
Foreign filing rights evaporate upon public disclosure prior application.

Applications for U.S. Patent, unless filed with a Request of Non-Publication,
have been published since 2001 as Pre-Grant Publications 18 months after filing,
however, as shown above and in marked contrast to the contract basis for 200 years.

Provisional Applications were created June 8th 1995 specifically to preserve
Foreign Filing rights under the Paris Convention and secure for up to 12 months
 Patent Pending status and an earlier Filing Date for a later full Application for the
same invention if fully supportive of all the later claims in the written description.
Cost: $390 - $890 + $110 filing fee;  $750 total average.
PCT (Patent Cooperation Treaty) Applications secure foreign filing rights
for up to 30 months but require further foreign filings to attain any foreign patent.

Cost: $1,500 average for conversion of a full US Application + >$4,000 filing fees.


Full Applications for U.S. Patent in order to succeed in obtaining Allowance during
Examination and result in granting of a U.S. Patent must satisfy legal requirements
including provision of an 'enabling disclosure'; formal drawings in almost all cases;
novelty and 'non-obviousness' in view of the  prior art; and definite claim language.

These requirements follow from the original contract basis for patent: grant in
exchange for full disclosure; and the duty of the U.S. Patent Office to protect and
enlarge the public domain by granting patents only for new and useful innovations.
Cost: $1,800 - $3,600 + $462 filing fee; $3,162 average total.
full patentability searches in accordance with the US and International Patent
Classification systems: (a) define the scope of the prior art; (b) ensure novelty;
 (c) identify the most pertinent prior art references; and (d) define the basis
for patent in view of the prior art in a formal report of the search results.
Cost: $600 - $1,200; $900 average; 1/3 advance payment.

Petitions Requesting Accelerated Examination must: demonstrate how
the claimed invention is patentably distinguished over the pertinent prior art;
 require a full patentability search: and electronic filing with the full Application.
Cost:  $370 - $770 + $130 filing fee; $700 average total.
Prosecution consists of 'Replies' to 'Office Actions' that must overcome all
rejections of the Claims in order to obtain Allowance usually in the second Action.
Filing Applications in full and proper condition for Allowance minimizes prosecution
during Examination with an average of only one substantive Reply required.
Cost: $300 - $1,200; $750 average.


Payment of an Issue Fee: currently $755; and Publication Fee of $300 unless the
Application was filed with a 'Request for Non-Publication' (of the Application);
keep a US Utility, as opposed to a Design, Patent in force for four years with

Maintenance Fees currently due as follows:
($490); ($1,240); ($2,055) payable: 3-3.5;  7-7.5; & 11-11.5  years after the
Issue date; & ($65) surcharge for late payment by 4, 8, & 12 years afterward.

All Patent Office Fees given above are for 'small entities' of 250 employees or less.

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