patent process overview

inquiries: e-mail peterodgibson@yahoo.com for return call.
patents
are grants of monopoly to use,
manufacture, importation, &
sales of  "any new and useful
process, machine, manufacture,
or composition of matter ...
or improvement thereon."
Title 35: Patents; USC §101
pending
status protects inventorship and
is obtained by filing an Application
for patent: Provisional, PCT, or
full, national, Application which
alone is examined, can be allowed,
and hence granted as a U.S. Patent:
the focus of patents pending.

patents pending
provides full services before the US Patent Office including preparation
and filing of  Provisional, PCT, and full, national, U.S. Applications in
full and proper condition for Allowance minimizing costs and delays.


public disclosure
including offer of sale prior any filing forfeits all foreign filing rights
and sets a statutory limit of  one year for filing a full U.S. Application.
provisional
Applications secure, for up to one year: (a) full Patent Pending status;
 foreign filing rights under the Paris Convention; and (c) an early filing
'cut-off' date for prior art for a later full filing for the same invention.


PCT (Patent Cooperation Treaty) Applications secure foreign filing rights
for up to 30 months but still need a full, national, filing to attain patent.


full US national
Applications are examined by the U.S. Patent Office, routinely rejected in
view of the prior art during examination, and prosecuted by the Applicant
in order to prove novelty and 'non-obviousness' under 35 USC §§102, 103.
patentability searches
anticipate these rejections, facilitate preparation of Applications allowable
in a first Office action, obviate rejection and infringement defense 'fodder';
and enable a full filing with a petition requesting Accelerated Examination.

formal drawings
and otherwise preparing and filing Applications in full and proper condition
for Allowance: also required for Accelerated Examination; has been routine
with patents pending since 1992 vs. submission during the prosecution.
quotations

patent searches require advance payment of one third full search quote
which is payment in full for searches disclosing the innovation while
the balance is due upon completion of full searches for reports thereof.

full Applications require advance payment of one third full quote with the
balance due upon completion or, if preferred, second third due with first full
draft including informal drawings and balance due with completion for filing.

provisional applications, petitions, and prosecution including issue
transmittal all require advance payment in full of the full quotation for each.
quotation averages and ranges
with US Patent Office fees for small entities (up to 250 employees):

patent searches $900 average; $600 - $1,200;

provisionals $690 average; $390 - $990 ($110 filing fee);

PCT conversions $900 average; Chapter I & II (+ >$4,300);

full US application $2,700 average; $1,800 - $3,600 (+ $462);

petition to expedite $570 average; $370 - $770 ($130 filing fee);

prosecution $600 average; $300 - $900 per full response;

issue fee $245 transmittal ($755).
maintenance fees
($490); ($1,240); ($2,055) payable: 3 - 3.5;  7 - 7.5;  11 - 11.5  years
after Issue date; & ($65) surcharge: 3.5 - 4;  7.5 - 8;  11.5 - 12  years.