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Because every case is different, Patent-Services.com will provide a free consultation (up to one hour) to review your case with you; provide a suggested course of action; and discuss costs.
Provisional Patent Application Preparation and Filing
A provisional patent application provides a lower cost first patent filing in the United States. These applications provide a means for establishing an early effective filing date in a patent application and permits the term “Patent Pending” to be applied in connection with the invention disclosed in application. Provisional applications may not be filed for design inventions.
An applicant has up to 12 months from the filing date of the provisional application to file a non-provisional (Regular) patent application. The claimed subject matter in the later filed non-provisional application is entitled to the benefit of the filing date of the provisional application if it has support in the provisional application.
Provisional patent applications are NOT examined on their merits. A provisional application will become abandoned by the operation of law 12 months from its filing date. The 12-month pendency for a provisional application is not counted toward the 20-year term of a patent granted on a subsequently filed non-provisional application which relies on the filing date of the provisional application.
Utility Patent Application Preparation, Filing, and Prosecution
A patent for an invention is the grant of a property right to an inventor to “exclude others from making, using, offering for sale, or selling” the invention claimed in the patent. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof. Patents are issued by the United States Patent and Trademark Office. Generally, the term of a new utility patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.
International Patent Applications Preparation and Filing
The Patent Cooperation Treaty (PCT) allows international patent applications to be filed in one place for over 100 countries including the United States. There are two phases to an international patent application. During phase one, an international prior art search is conducted. During phase two, an international examination may be conducted. The results of the search and examination may then be forwarded to elected member countries to complete the application process. This process can delay the entry of an application into the United States by up to 30 months.
Design Patent Application Preparation and Filing
Design patents may be granted to any person who has invented any new and non-obvious ornamental design for an article of manufacture. The design patent protects only the appearance of an article, but not its structural or functional features. A design patent has a term of 14 years from grant.
Prior Art Technology Searches
Prior art searches are conducted to locate published information about a technology. This information may be useful in determining the state of the art in a technology before preparing a patent application, litigating an existing patent or engaging in a new development effort. Prior art searches look for and examines public documents that disclose relevant information about a technology. The public documents may include patents, technical literature, articles, brochures, and manuals. The scope and focus of a search generally depends on the particular technology and the information sought. The most common types of searches are patentability searches, infringement searches, validity searches and state-of-the-art searches.