If you have an engineer or other prototyping expert help you in product development and / or manufacturing, it is critical to have the consultant sign a WORK AGREEMENT. If a paid assistant/consultant improves your invention, he or she may have to be listed as a co-inventor on your patent. Even though you are paying them for their work, they will get rights to the invention as a co-inventor. A Work Agreement assigns their potential patent rights to the inventor.

These protections are simple, they cost nothing, and they will help lock in your secure ownership of your invention. Take advantage of them!

For more detailed information, or to request a Confidentiality Agreement and/or a Work Agreement, send us a Request for Further Information, or Consult a Patent Attorney.

A patent search is critical: to determining if a concept is patentable to make sure you are not infringing another patent to prepare a strong patent application to persuade investors or prospective licensees

Don’t waste time and money on an idea that is not patentable. And don’t invest in an idea only to find out that someone else has already patented the idea. You will get drawn even deeper into your invention as time goes on, and what started as a part-time hobby quickly becomes a full time job. Don’t walk down that road only to find a road-block at the end. Make sure at the start that this is an invention you can own.

It is also critical that your patent be prepared with the most relevant prior art in mind. A great patent can be invalidated in court simply because some relevant prior art was not considered. Don’t lose a valuable patent because of a simple oversight.

Finally, the best way to persuade investors and licensees that they should trust you is to show that you have done your homework and you really own a valuable property. When they ask for your patent search results and you don’t have them, they will be hard pressed to trust that you are for real.

The Law Offices of Eric Karich offers an expedited patent search which takes about 2 weeks to complete and includes all U.S. patents as well as European Patent Office (EPO) and Patent Cooperation Treaty (PCT) international filings. We provide copies of relevant patents and a Full Service Patent Search that includes a written analysis and patentability opinion by a patent attorney for $649. The written opinion is a useful tool for pursuing licensing agreements and/or venture financing and is required by most corporate legal departments.

If you would like to order a professional patent search, download the request form below and follow the instructions.

Patent Search Request Form

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It is important to get "patent pending" protection for your invention at the earliest possible time to lock in your ownership of the invention. While this once required hiring a patent attorney and spending many thousands of dollars, it now costs $80 – the government filing-fee for filing your own provisional patent application.

The provisional patent application includes a technical disclosure of the invention, informal drawings, and a provisional cover sheet. While some legal guidance is often required to avoid common pitfalls (such as who should be listed as an inventor, how to handle assignments of patent rights, various patent and tax issues, etc.), it is usually possible to obtain this initial protection without hiring an attorney. It also does not require "claims" – the legal language required in an ordinary utility patent application. Since claims are not required, you can prepare the application yourself -- without an attorney.

To assist inventors (and small companies) protect their inventions, we have created the Provisional Patent Application Kit to walk you through the process of preparing and filing the provisional patent application. For more detailed information, send us a Request for Further Information, or Consult a Patent Attorney.

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UTILITY PATENT APPLICATION: A utility patent application is the complete and formal patent application, including claims, that is examined by an Examiner in the Patent Office and issued as an enforceable patent. A utility patent can be used to protect any novel (and non-obvious) device, apparatus, construction, machine, composition of matter, industrial method or process, and even a novel method of doing business. A utility patent lasts for 20 years from its filing date and prevents any competitors from making, using, selling, offering for sale, or importing any products that infringe upon the claimed invention.

You have one year from the date of filing your provisional patent application in which to file your utility patent application. Due to the complexity of the claims language, we highly recommend having a patent attorney prepare and file your utility patent application. Consult a Patent Attorney. The one-year deadline cannot be extended, so be sure to talk to your attorney at least 2-3 months in advance to ensure adequate time to prepare the application and filing papers. You can expect to spend about $3,500 (or more) depending upon the complexity of the invention and the sophistication of the technology. The government filing-fee is currently $375 for small entities, but this can increase depending upon how many claims are included. Also, you can expect to pay $100-$120/sheet for formal drawings of the invention. NOTE: These formal drawings make great graphics for your marketing materials.

At this one-year anniversary date, you must also consider filing foreign patent applications. Under international treaty, there is a one-year grace period during which you can claim priority to your US application. Foreign filing is very complex, so once again, you should Consult a Patent Attorney.

DESIGN PATENT APPLICATION: A design patent application protects the "ornamental appearance" of the invention. Sometimes the appearance of the invention is important – but sometimes it is totally irrelevant. The benefits of the design patent are that it is relatively easy to obtain, quick to issue (less than 1 year under most circumstances), and a dangerous additional threat against your competition. The disadvantage is that it is generally easier to design around than the utility patent. The cost is usually $1,200 depending upon the complexity of the design. Consult a Patent Attorney.

The provisional patent application DOES NOT PROTECT your design patent features, so you should always carefully consider filing a design patent on your invention at the same time that you file your provisional. However, the US provides a one year grace period for filing the design patent, so it is relatively common to file your design patent at the same time that you file your utility patent (within one year of your provisional patent application).

Design Patent Application