What services do you offer?
Here at Karich & Associates, we specialize in Intellectual Property matters, specifically patents and trademarks. We can also assit with other matters including, but not limited to, patent searches, foreign filing, copyright, etc.
What is a Patent?
A patent fort an invention is the grant of property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years (utility) or 15 years (design) from the date on which the application for the patent was filed in the United States.
What is a Provisional Patent and how much does it cost?
A Provisional Patent is an application that allowed you to file wihtout a formal patent claim, oath or declaration, or any information disclosure statement prior to filing a Utility Patent. The Provisional application gives you “patent penidng” status for twelve (12) months from the date of filing and there is no extension for Provisional patent applications. These applications are also not examined nor issued, so you will not have a registered patent at the end of the 12 months period.
The cost for a Provisional Patent application is around $2500 – $5000, this cost depends on the complexity of the invention and does not include the government filing fee or post filing matters.
What is a Design Patent and how much does it cost?
A Design Patent is a patent for an invention of a new, original, and ornamental design for a product. The Design Patent cost to prepare and file is $1800, this includes the governement fee but does not include any post filing matters.
What is a Patent Search and how much does it cost?
A Patent Search reviews any existing patents that are similar to your invention and helps us determine if the invention is capable of Utility Patent protection. It is highly adviseable prior to preparing a utility patent application and may save on costs in the long run. The Patent Search costs between $849 – $1200 depending on the complexity of the product and the amount of patents found to review. We typically require about three (3) weeks to complete a Patent Search.
What is acceleration for a Utility Patent?
Examination for a Utility Patent normally takes quite a long time, sometimes up to three (3) years, but with acceleration this is reduced to ~6 – 8 months. These are general estimates, the USPTO is sometimes delayed, but this option is especially useful if you need to deal with infringers right away (or are simply eager to get your patent.) The acceleration costs $2000 and is completely optional.
Can I launch my product before the patent is granted?
Once the application is filed, the invention will be “patent pending,” which means that nobody else will be able to file for this idea. Furthermore, marketing your product with “patent pending” will scare away most copycats. You will not be able to enforce the patent until it is granted, but most inventors begin working with manufacturers and selling the product at this stage. You may still wish to have suppliers sign an NDA for additional security.
What is a Utility Patent and how much does it cost?
A Utility Patent is a patent for an invention or discovery of any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. The cost of a Utility Patent can range depending on the complexity of the invention, the average cost to prepare and file an application is between $5000 – $9000, not including government filing fees or post filing matters.
How long does it take to prepare and file a patent application
The Utility and Provisional patent applications can take about 2 – 3 weeks to prepare while the Design patent is an average of 2 weeks. Upon completiung the draft application, we will send you the draft application along with instructions for the documents that require your review and signature. Once we receive the documents, your application will be filed within the week. We will send you a confirmation after filing and will keep you up to date on the status of your application.
How do I know if a colleague is a co-inventor?
Normally a designer or engineer following instruction or applying basic skill is not enough to make them a co-inventor. If the designer/engineer/etc. contributed any novel, functional element to the product then they would be consisdered a co-inventor. This also includes the inventive concept, not just the physical structure of the product. If you are unsure about the specifics, please feel free to contact us.
Do I need to have a final design of my product before I file a patent application?
If the general concept is there, that is often enough to proceed with a Utility patent, whereas a Design patent usually needs a final product to file.
What is Foreign Filing and is it beneficial for me?
Foreign filing is simply filing your patent or trademark application after the US application has been filed. We generally advise that you only file in countries where you plan to actually sell your product, especially since foreign filing can get rather expensive, and sometimes complicated. If you plan to file in European countries, it is advisable to file your patent with the EU, as it is a similar cost to individual countries, and covers a large region. Please note that the EU applications no longer include the UK.
Can I use my trademarked name as my patent title?
Patents and Trademarks are entirely separate properties from each other and will not interfere with each other. For patent titles, we recommend keeping the title as simple and to the point as possible to avoid any issues with the USPTO.
What is a Trademark?
A trademark is a word, name or symbol (logo) that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others.
What does a Trademark application include and how much does it cost?
The Trademark application includes a brief clearance search to make sure your mark is likely to be registered, it also includes the governement filing fee for one (1) class. The cost of the trademark application is $1150 including the gov’t filing fee. This cost does not include post filing matters.