QA Patent
What is a Oath of Declaration Notarized?
Each applicant must also provide a notarized oath of declaration swearing that he or she believes that they are the original creator of the invention.
What are the Drawings of the Invention?
If an invention requires drawings to be understood, you must provide a detailed drawing of every element listed in the claims section and file those drawings with your application.
What is a design patent?
It protects the look/appearance of the Article of Manufacture. In other words, it protects the unique nonfunctional appearance of a manufactured item. The design must be separable from the function of the article. If the design in any way affects the way the article wroks, it is not spearable from function and would not be eligible for design patent protection, though it may be eligible for a Utility Patent.
How much is a Provisional Application?
Legalzoom charges $199 plus filing fees. Micro $65 Small $130 Large $260
How much is a Step 2 Utility Patent?
Legalzoom charges $200; filing fees for micro $400, small $730, large $1600
Can you extend the 3 month time frame for an issuance fee?
No
Does the law firm contact the customer right after they purchase?
No, Legalzoom needs to receive all materials, then the law firm will reach out to customer.
Can a design patent have unlimited claims?
No, only 1
What is a plant patent?
Protects a hybrid or asexual creation of a plant. LZ does not assist
What are the maintenance fees and when are they due for a design patent?
There are no maintenance points for a design patent
How many claims can an inventor file for a utility patent?
Unlimited
If a customer adds the illustrations to a provisional patent, do they have to pay the full price for a Step 1 ?`
Yes, but if the patent attorney feels that the illustrations from the provisional are still valid, the law firm will issue a refund for the illustration portion of Step 1.
What happens if you do not pay the maintenance fees for your patent?
Your patent will expire.
What is the cost and what is includeded in the enhanced options for the Step 2 utility patent?
$1000 includes up to 15 claims prepared by a patent professional, up to 8 pages of patent specifications
How much is a Step 1 Utility Patent?
$699 includes a 30 minute consultation and review with a Patent Attorney, professional patent drawings (up to 4 sheets) Optional patent search is $399
When are the required maintenance points for a utility patent?
1. 3.5 years 2. 5.5 years 3. 11.5 years
What cannot be patented?
1. An idea: flight 2. Mathematical formulas: E=mc2 3. Naturally occuring substances: Water 4. Laws of Nature: Gravity 5. Process completed with the human body: Throwing a baseball 6. Not useful/offensive to public morality: a crumpled tissue
What is the Legalzoom Process for filing a provisional patent?
1. Customer completes questionnaire 2. Customer submits invention information and drawings 3. LZ files patent application electronically with the USPTO. 4. USPTO sends confirmation letter via mail (3-4 weeks)
What are the 5 main elements for a design patent application?
1. Necessary formalities are met 2. Drawing Disclosure completed 3. Comparison of Design with any "prior art" 4. Contact with USPTO Examiner 5. USPTO Notifies Applicant about approval
What is required for something to be able to file as a patent?
1. Novelty requirement: invention must be something new 2. Utility requirement: invention must physically accomplish something 3. Non-obvious requirement: people skilled in the inventor's field would not consider the invention obvious. For example, an invention made by substituting one color for another or by combining two existing inventions in a logical manner, would typically not be patentable. Put another way, some inventive step is required beyond prior art and existing common knowledge in the field.
What can be protected with a utility patent?
1. Process a way/method to make/accomplish a specific result/outcome: ie dyson's cyclone techonolgy; how it sucks up dirt 2. Machine a device to make/accomplish a specific result/outcome; something with moving parts & circuitry: ie. Dyson's ball, swivels allowing the vacuum to turn on a dime 3. Article of Manufacture a tool/object to make/accomplish a specific result/outcome; something with few to no moving parts & circuitry: ie. a ball point pen 4. Composition of matter (LZ does not assist) Developing a new prescription drug 5. Improvement to any of the above
What can be patented?
1. Processes or Method - a new way to manufacture concrete 2. Machine - something with moving parts or circuitry 3. Manufactured Article - a tool or another object that accomplishes a result with few or no moving parts, such as a pencil 4. New compositions - a new pharmaceutical 5. An asexually reproduced and new variety of plan.
What are the optional services for a Provisional Application?
1. Professional Review and Preparation: drafting one independent claim, coordination of techincal illustrations up to 4 pages $390 2. Professional Illustration $399 additional drawing is $100 per sheet. 3. Patent Search: comprehensive search of related tech. fields for prior inventions, reports compiled and bound, guide to understand search results.
What different types of patents are there?
1. Provisional patent 2. Utility Patent 3. Design Patent 4. Plant patent (LZ does not assist)
What are the 3 main elements of a Provisional Patent Application?
1. Written Description of Invention 2. Necessary Drawings 3. USPTO filing fee
What are the 4 main elements that need to filed with a Utility Patent Application?
1. Written Description of Invention 2. Oath or Declaration Notarized 3. Drawings of the Invention 4. USPTO Filing Fees
How long is the approval time for design patent?
12-18 months
How long does a design patent last for?
14 years
When are the issuance fees due for Utility patents?
Due within 3 months from the mailing date of the notice of allowance
How many packages do we offer for a design patent?
2, Standard $899 and Gold $1099 filing fees micro $190 small $380 large $760
How long does a utility patent protection last?
20 years from file date. Can be 21 with a provisional application
How long does the USPTO take to approve a Step 2 application?
24-36 months
What is included in a Step 2 utility patent package?
60 minute consultation and review with a patent attorney, professional preparation and draft of app (includes 10 claims and up to 3 independent claims), Up to 5 pages of specifications, electronic filing of app, preparation of information disclosure statement
What is a patent?
A Patent grants exclusive rights for a period of time to an inventor for their invention. Once an invention has been patented with the USPTO, others are prevented from making, using or offerring for sale the patented invention.
What is a provisional patent?
A easy way to establish and protect a "date of invention" They will last for 12 months, and is used to provide the inventor with time to prepare for the full patent application, as well as, test market viability of the invention; without the risk of someone else stealing their idea. Provisional applications are not published by the USPTO, so the inventor's secrecy is not compromised while the invention is still being developed. They also must follow with a filing of a Non provisional application in order to benefit from the early file date. The corresponding non provisional application must contain, or be amended to contain a specific reference to the provisional application.
What is a trade secret?
A formula, pattern, compilation, program, device, method, technique or process that is used in business to obtain an economic advantage over competitors.
What is a utility patent?
A protection given by the US government to a new and useful process or thing or to an improvement on an existing invention. It will protect the way something is made or used.
What is a patent claim?
Also known as a statement, it is the part of the patent that defines the scope of the protection granted by the patent. (The more measurable clais provided; the stronger the protection) In other words, claims define the boundaries of patent protection. Patent claims are the legal basis for an inventor's patent protection. Claims form a protective boundary line around the patent that lets others know when they are infringing on patented rights. The limits of this line are defined by the words and phrasing of the actual claims. The more measurable claims provided; the stronger the protection.
What is a Written Description?
An inventor must include with his patent application a "specification," which is a written description of his invention. This specification must contain the invention's title (not brand or product name) a backgtround, a brief description of the enclosed drawings (if necessary) and both summary and detailed descriptions of the invention. The specification must also include a claims section, which is made up of descriptions of the invention's key elements and major limitation. In other words, this section is where you lay "claim" to each piece of your invention. The more detailed and complete your descriptions are, the braoder your patent protection will be.