THE RIGHT WAY TO OBTAIN A PATENT
TIME Magazine, December 4, 2000

Patents are bilateral agreements between the government and an individual to whom the government grants the exclusive right to produce an invention within a period of time while preventing others from claiming or selling the same idea.   There are three types:

a utility (a physical device)
a design (such as a blueprint)
a plant (e.g., a hybrid seed)

Beginning this September, the U.S. Patent and Trademark Office has been revising some of its rules in an effort to simplify the process of getting a patent.   Its aims were to reduce the time needed to apply by cutting unnecessary paperwork; to allow for easier electronic filing; and to reduce costs, both to the public and the government.

Even with these changes, getting a patent isn't exactly like following a cookie recipe.  Though it is possible to get a patent without a patent attorney, USPTO still recommends that you get legal assistance.  And even with an attorney, applicants can save money by doing a lot of the legwork and research themselves.   Here's what you should know going in:

  Whether or not you get an attorney, you should familiarize yourself with the patent process.  Many Websites, such as uspto.gov, patentcafe.com, nolo.com and delphion.com--or sites listed under the categroy "intellectual property"--are helpful.  Or you can do it the old-fashioned say, by going to a patent and tradmark depository library.

  Keep careful records of your invention and record every step of its inception.  Describe and diagram every aspect and modification.  It may not be necessary to build a test model, but check with someone at the patent office to see whether one is needed.

  Document all efforts, and sign and date each entry with two witnesses to your signature.  (A patent attorney will steer you through this step.)

  Assess the commercial potential of your invention:  What makes it unique or important?  A patent is a business decision.   You can't get a patent just on a good idea.  Your invention can't have been for sale or known about for more than a year before you apply for a patent.

  You or your lawyer should do a thorough patent search--called a novelty search--to make sure your invention is special and can be proved to be different.

  It generally takes from 18 to 20 months to get a patent, though you can make a provisional short-term application for patent pending (telling the public that a patent is on file, but without the legal protection of a firm patent).

  This ain't cheap.  It'll cost you $1,000 to file and get a patent and $75 or more to apply for a provisional patent.   Patents must be renewed periodically:  $470 to renew for 3½ years; $950 for 7½ years; $1,455 for 11½ years.  Attorney's fees can range from several hundred to more than $10,000.  Just a patent search can cost from $600 to $1,200.   Miscellaneous filing fees can run an additional $400 to $700.

Further information is available at the U.S. Patent and Trademark Office at 1-800-786-9199 or on its website, uspto.com/.

--BY ANNE MOFFETT/WASHINGTON

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