An application for a patent consists of three parts:

1. A written description of your invention. This document, called a "specification," must be clear enough so that anyone skilled in the subject matter of the invention could recreate your idea and use it. It must fully and completely describe the invention; nothing may be withheld. This part of the application must conclude with one or more "claims" which legally define your invention. Specifically, you must name all the essential details that are the operative parts of the invention. Judgments as to the novel and unobvious features of your idea are based on these claims. If you are granted a patent, then infringement will be judged on the basis of these claims.

The wording of this part of the application is critical to the patent rights, if any, you may receive. Although you have the right to prepare your own application documents, getting assistance of a licensed patent practitioner will help your chances of obtaining good patent protection.

With the written description, you must also submit a signed declaration stating that you believe yourself to be the first inventor of the discovery named.

2. An illustration or drawing of the discovery. An illustration or drawing of the discovery, in those cases where they are possible, must show every feature described in the first part of the application.

3. A filing fee. Fees change periodically and should be verified by your patent practitioner. Consult the U.S. Patent & Trademark Office's web site for current fees (www.uspto.gov). To give you an idea of cost: for 1999, the basic filing fee for an application for a utility patent is $690; for a design patent, $310; for a plant patent, $480. (Additional fees are based on the total number of claims described in the application.) When a utility patent is issued, another fee of $1,210 is required; for a design patent, $430; for a plant patent, $580. Maintenance fees are required periodically for the duration of a utility patent to keep it in force. Maintenance fees are due 3 1/2 years after issue ($830), 7 1/2 years after issue ($1,900) and 11 1/2 years after issue ($2,910). All fees (filing, issue and maintenance) are reduced by half if the applicant is a "small entity"-in other words, an independent inventor, a small business or non-profit organization inventor. When the application documents are finished they should be mailed to the Commissioner of Patents and Trademarks.

 

 

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