The patenting process can be very overwhelming and quite costly to an inventor who wishes to secure patent protection for their invention. But there are certain steps of the process that should not be neglected because of financial constraints, otherwise your efforts could actually be counterproductive and work against you in the end, not to mention your money will be wasted.
Regularly, we have inventors come to us for assistance with their inventions but start their conversation with “I have a very limited income.” With the economy being as tough as it is for as long as it has been since the economic downturn, increasing numbers of people are dusting off their old invention ideas and working on them in hopes that a new invention will help get them out of debt and to a better place financially. The problem is these inventors are also often the ones that have little disposable income with which to protect their inventions.
An all too typical conversation with inventors with limited funds starts like this: “I need it to cost under $600, because that is all I have to spend.” But the filing fees payable to the USPTO alone are $130 for a provisional patent application (half that much if you qualify as a micro entity) and a minimum of $800 for a non-provisional patent application (again, half that much for micro entities). If you are successful in convincing the patent examiner you deserver a patent the issue fee due to the United States Patent and Trademark Office will be $480, or $240 if you are a micro entity. Without even considering the cost of patent drawings, which should be considered absolutely essential, or any other fees that may come due during the process, it is impossible to obtain a patent for such a little investment even if you represent yourself.
There are ways that inventors can file for patent protection on their inventions with a limited budget, but even then you have to be realistic in the costs of this undertaking. It is critical to remember though that this is a process, and in order to do it right there are several steps that need to take place and each of these steps will take time and money.
You cannot simply write down on a piece of paper what your invention is, and get a patent. If you follow these necessary steps of the process, and use the resources available to you, you can file a respectable patent application at a somewhat reasonable cost. But keep in mind that even if you are relatively Internet savvy and an educated individual, without the assistance of a Licensed Patent Attorney, the chances of things being missed or written incorrectly, increase exponentially.
The nightmare scenario is spending what limited resources you have pursuing a patent on your own and winding up with a patent or patent application that is worthless. So many inventors think that if they don’t see their invention on the market or being used in everyday life that their invention is novel. But I can tell you, that is more often than not, an incorrect assumption. We highly recommend to all of our clients that they subject their invention to a through patent search to make sure that there is a realistic opportunity to receive a patent.
Just because you do not see it on the market doesn’t mean that it or something similar to it hasn’t already been patented. There are lots of reasons why something might not be on the market, but still have patent protection. For example, a lot of times independent inventors will get a patent and then just lose interest or run out of money and nothing ever becomes of the invention they chose to protect. In this scenario the next person who comes up with the idea/invention cannot get a patent and moves on, so the device never manages to make its way into the marketplace. So, we always recommend starting with a patent search.
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At IPWatchdog.com, we offer a comprehensive patent search service which includes a search, consultation and opinion, which varies in cost depending upon the complexity of your invention, and we have recently added services that provide a search report only, in an effort to make our services more affordable on a budget. But what do you do if your budget is very limited? We have several articles you need to read before embarking on your own patent search. These are:
- Patent Searching 101
- Patent Searching 102
- I Can’t Find Prior Art for my Invention!
- What is the Patentable Feature?
One of the keys to doing a patent search is to not look for just your invention as it is, but rather look for different aspects of your invention in other inventions as well. Be prepared though because when someone without many years of patent searching experience sets out to do a patent search it is not something that can be done in an hour or two. It is not uncommon for patent professionals to spend several hours conducting their searches on client inventions even when the invention is relatively simple. So if you are going to do your own search you have to be willing to put in time. Even then, at some point before you start to spend serious money on your invention you will likely find it to be an extremely worthwhile investment to obtain a professional patent search. It just doesn’t make sense spending good money chasing a patent that could never be obtained.
Once you have completed your search, and you are pretty certain that there is no prior art close enough to your invention to render your invention not patentable, the next step would be to file a provisional patent application, particularly prior to discussing your invention with companies you think may be interested in your invention including manufacturers, marketing firms, and/or investors. A provisional patent application will give you a “patent pending” status, which you must keep in mind, is only “perceived protection” in that you will have 12 months to file a non-provisional patent application, or your application will expire and a patent will never issue. A provisional patent application is significantly cheaper than a non-provisional patent application with relatively few guidelines necessary to file a provisional patent application. A poorly written provisional can actually do more harm than good, so be careful. A provisional patent application must be complete as of the time of filing because anything that is not included in this patent application when it is filed will not be covered as of the earlier filing date. But a provisional patent application is only as good as the level of detail you include, which is why you want to not only describe your invention but also any possible variations of your invention no matter how crude the variation may be. For more information on drafting please see:
- Functional Claiming of Computer-Implemented Inventions in View of Recent Decisions Jun 19 2015
- Avoiding Invocation of Functional Claim Language in Computer-Implemented Inventions Jun 18 2015
- The Key to Drafting an Excellent Patent – Alternatives May 23 2015
- A Software Patent History: The Algorithm Cases Jan 01 2015
- The Disclosure Revolution – A Report from the Front, 2014 Dec 18 2014
- High Value Patents – Where Strength Meets Quality Dec 11 2014
- A Patent Drafting Checklist Oct 07 2014
- The Patent Drafting Disclosure Revolution: Don’t Ask Alice Sep 30 2014
- Patent Drafting: Ambiguity and Assumptions are the Enemy Sep 27 2014
- Patent Drafting: Getting the Broadest Supportable Claim Scope Sep 23 2014
- Patent Drafting: Employing Claim Differentiation to Ensure Broad Construction Sep 16 2014
- Patent Drafting: Broadening Statements vs. Boilerplate Language Sep 02 2014
- Patent Drafting: Appropriately Disclosing Your Invention Aug 30 2014
- Patent Drafting: Include Alternatives and Variations to Claim Limitations Aug 26 2014
- Patent Drafting: The Detailed Description Should Include Multiple Embodiments or Examples Aug 19 2014
- Rules of Patent Drafting: The Disclosure Revolution Aug 12 2014
- How to Describe an Invention in a Patent Application Aug 09 2014
- Patent Drawings 101: The Way to Better Patent Applications Aug 02 2014
- Understanding Patent Claims Jul 12 2014
- Patent Drafting: Top 5 Critical Things to Remember May 31 2014
- Patent Drafting: Not as Easy as You Think May 17 2014
- Completely Describe Your Invention in a Patent Application May 10 2014
- Software Patent Basics: What Level of Description is Required? Jan 25 2014
- Good, Bad & Ugly: Truth About Provisional Patent Applications Oct 19 2013
- Conjunctions and/or Patent Claims Oct 17 2013
- Drafting Patent Applications: Writing Method Claims Oct 11 2013
- The Benefits of a Provisional Patent Application Sep 14 2013
- Turn Your Idea into an Invention with a Good Description Sep 01 2013
- Patent Drafting: What is the Patentable Feature? Aug 17 2013
- Patent Claim Drafting 101: The Basics May 25 2013
- A Guide to Patenting Software: Getting Started Feb 16 2013
- Does the term “Invention” in the Specification Limit the Claims? Feb 13 2013
- Working with Patent Drawings to Create a Complete Disclosure Feb 09 2013
- Patent Drafting: Describing What is Unique Without Puffing May 26 2012
- A Primer on Indefiniteness and Means-Plus-Function Apr 18 2012
- Patent Claim Drafting: Improvements and Jepson Claims Mar 29 2012
- Patent Drafting: Drilling Down on Variations in a Patent Application Jan 13 2012
- An Introduction to Patent Claims Dec 23 2011
- Patent Drafting Lessons: Learning from the Grappling Dummy Aug 20 2011
- Patenting Business Methods and Software in the U.S. Jul 18 2011
- Defining the Full Glory of Your Invention in a Patent Application Jun 04 2011
- Patent Drafting: Language Difficulties, Open Mouth Insert Foot May 03 2011
- The Key to Drafting an Excellent Patent – Alternatives Apr 01 2011
- Tricks & Tips for Describing An Invention in a Patent Application Mar 19 2011
- Patent Drafting: Defining Computer Implemented Processes Mar 14 2011
For an inventor who has never ventured down this path before, creating a provisional patent application is something that can seem quite intimidating, especially if the inventor has had no experience with drafting any kind of legal documentation. Gene Quinn is not only a Licensed Patent Attorney, but has also been a law professor for many years. In this capacity he has taught many prospective patent attorneys and law school students how to draft provisional patent applications. In so doing, he developed a system that we call the Invent + Patent System. This system is designed to help you create your own provisional patent application with relative ease and can be purchased on our site for $99. What he did was to create answer templates that can be used to force inventors to provide the critical information that will be required to ensure a complete application. Along with the question templates there are instructions on how to format the application and file it yourself. It is an excellent way to save money while still having your end result be a document that is worth filing, assuming you follow through the system in good faith. Keep in mind that the Invent + Patent System is a 100% self-help system, which means you are using the system to proceed on your own without an attorney. If you can afford an attorney that is always the best way to proceed, but for those who can’t and still want to move forward you will find the Invent + Patent System to be extremely helpful.
In order to file a strong, high quality do-it-yourself provisional patent application, you will need to be dedicated to your invention. This is not an endeavor that should be taken on lightly because as I stated earlier, you will need to put in time spent, what you are saving in money spent. If you serious and are willing to put in the time to conduct a thorough patent search, to create and file and well written provisional application and to have time to devote to developing your invention, you can successfully complete the first few yet very important steps of the patent process on a tight but realistic budget.
In closing, now the the United States is a first to file system, getting in a high quality patent application as soon as possible is always the preferred solution. While it would be great if you seriously considered the suggestions here, as well as in the other articles we provide as references, but if you learn only one lesson from this article it should be about the importance of professional patent drawings, which can and do greatly enhance any patent application. A picture really is worth a thousand word, and patent drawings are surprisingly affordable. For more on patent drawings please see Patent Drawings: What do you Need?