Utility Patent Application

What is it?

Utility Patents are the most popular family of patents. Other types of patents are Design patents and Plant patents; Provisional patents do not exist, Provisional Patent applications do (we'll explain).

A Utility Patent can be granted for the invention of a new, non-obvious and useful process, machine, manufacture, or composition of matter, or a new and useful improvement thereof. One cannot receive a patent for the invention an abstract formula, for example, or formulating a law of nature. The term of a utility patent is 20 years from the date of priority, which usually is the patent application's filing date. Once this term is expired, the invention "falls" into "public domain", which means anyone can practice that invention.

A Utility Patent protects the "utility", or the functionality of the invention. In other words, your utility patent does not protect the way your invention looks, but it does protect the way your invention works. 

You do not have your invention built ("reduced to practice") in order to receive a patent. All you need to do is to prove that you were in "possession" of your invention on the date of filing, which basically means (I simplify as it is only one of the three requirements) that you "describe the claimed invention in sufficient detail that one skilled in the art can reasonably conclude that the inventor had possession of the claimed invention." See, e.g., Moba, B.V. v. Diamond Automation, Inc., 325 F.3d 1306, 1319 (Fed. Cir. 2003). That's why it is very important to have a professional patent attorney to draft your application.

My name is Vladimir Tsirkin, and I am a registered patent attorney. I combine patent law expertise with solid technical background, and I will advise you, our client, on the most effective methods for protecting your innovations and assisting you in patent preparation, filing,  prosecution, licensing and related activities.

We created this website with you in mind. You can either schedule a consultation online (advisable, the $25 fee will be credited back to you), of follow the simple steps below. Once we have your submission, we will begin drafting your application.

2. Prepare the following as PDF documents

  • All documents from step #1
  • Drawings
  • Other relevant documentation and artwork
  • Assignment agreements

3. Register

  • Login with your ID/password or create a new account
 

4. Submit payment or schedule a consultation 

  • When prompted, select 3 calendar dates and appointment times

5. Upload completed forms & documentation when prompted

  • All documents from step #1
 

Costs

1. U.S. Non-provisional Utility Patent application (20 claims) initially filed in the US: $5000 - $6500, excluding filing and drawing fees.

2. U.S. Non-provisional Utility Patent application (20 claims) initially filed elsewhere (e.g., Russia): $2,000-$4,000, excluding filing fees and translation. Price range depends on amount of work necessary to format the application for U.S. filing.

3. Response to a substantive office action from the USPTO: $1500 - $2700 based on complexity of rejection and time to draft a response.

4. Prior Art Search of U.S. patents: $575 for a list of relevant/related U.S. patents and patent applications.

5. Prior Art Search of U.S. patents and analysis of result: $1350 for a review of the prior art search result and analysis of each reference.

 

 
I have more questions (deposit required)

SPEKTOR & TSIRKIN, P.C.

Spektor & Tsirkin, P.C. is a full-service law firm with emphasis on IP and Technology Law.

14 Wall St. Suite 5E

New York, NY 10005

1-212-461-1355

info@spetslaw.com

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