In step 2 of the utility patent application process, you work directly with a patent professional who will prepare and file your patent application with the U.S. Patent and Trademark Office (USPTO). Since you have already completed step 1, which included professional patent drawings and a patent consultation, no additional information is necessary.
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* The Government Filing Fees include the basic filing, search, and examination fees for utility patent applications, and do not include the required issuance fee once an application has been reviewed and allowed by the USPTO. Additionally, an inventor's entity type is based on several factors. We can help you determine your entity type and applicable filing fees through our simple online questionnaire. Most LegalZoom customers fall under either small or micro- entity status.
Very easy and informative from start to finish. I loved the fact that they kept me updated each and every time a procedure was taken.
Lanaire P., Houston, TX
When inventors talk about patents, they're usually referring to utility patents. This is because utility patents cover the most common categories of invention. As the name suggests, utility patents are granted for inventions that produce a new and useful result (as opposed to design patents, which protect purely ornamental designs on useful objects).
For your invention to qualify for utility patent protection, it must fall into one of the following categories of subject matter:
Because the marketplace for technology is constantly changing, what is "new" today may not be tomorrow. So it's important to file your application as soon as possible after your invention is complete, since the first person to file a patent application will almost always be considered the inventor. (Starting March 16, 2013, the first inventor to file will automatically be deemed the inventor.) Note, too, that for an invention to be eligible for patent protection, a nonprovisional patent application must be filed within one year of (a) putting the patent on the market for sale and public use; or (b) disclosing your invention to the public in almost any generally available form.
A utility patent generally lasts for 20 years from the date the patent application was filed. If the inventor first files a provisional application for patent and then has a corresponding nonprovisional utility patent application granted, his or her patent protection will last for 21 years from the date the provisional application was filed.
Step 2 of the patent process includes a patent attorney or USPTO-registered patent agent completing your nonprovisional utility patent application and filing it with the USPTO. Because preparing patent applications can be complicated, the law firm handling your order requires at least 4 weeks to complete it. NOTE: If you have a short deadline and need to expedite the processing of your order, the law firm preparing your application may be able to accommodate your request for an additional fee. For more information, please call us at (888) 791-0227 or email us at ipsales@legalzoom.com.
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