Patent Attorneys Make A Difference
Technically you can file a patent on your own but this is not recommended unless you have experience in doing so or are a patent lawyer yourself. Even the United States Patent & Trademark Office strongly recommends that all prospective applicants retain the services of a registered patent attorney or patent agent to prepare and prosecute their applications. Furthermore, patent law is a very focused area of the legal system. For this reason, you should avoid hiring a general practice lawyer to file a patent.
Applying For A Patent
Unlike a copyright, a patent does not get created automatically. An inventor must apply for a patent, specifically within one year of publicly disclosing the invention. In certain cases, a patent attorney generally commissions a preliminary patent search on behalf of the inventor. This is done before applying for the actual patent to determine if it is feasible to proceed with the application and to identify any prior art that the application needs to account for.
To get an actual patent, technical information about the invention must be disclosed to the public in a patent application. This again is best done with or through a patent attorney, who will know all the requirements specific to the type of patent you are applying for.
Once all the materials are prepared, they are submitted with the application and an application fee to the U.S. Patent and Trademark Office. Once there, it is reviewed by a patent examiner.
Once the application is assigned to a particular examiner, all communications must be properly directed to that examiner.
If a patent is granted, the inventor must pay another fee, and the government publishes a description of the invention and its use.
How Long Does A Patent Last?
- Utility and plant patents last for 20 years from the application date.
- Design patents last for fifteen years.
- If the owner of a utility patent does not pay maintenance fees, the patent will expire earlier.
Patent 101
Watch Our Video
Here’s a short video describing an overview on patents. It covers a lot of the basics, including the three main types of patents:
-
- Utility Patents
- Design Patents
- Plant Patents
Call for a Consultation
(630) 318-2606
Let’s Talk About Your Invention
Phone Consultation
Find it easier to talk rather than write? Have a lot of questions you want to ask? Let's talk over the phone.
Virtual Consultation
Need to share something on screen with us? Like to see who you are working with? Let's get online.
In-Person Consultation
Prefer a face-to-face and a handshake? We have offices in Chicago or Naperville, Illinois.
Whether you are at the initial starting stage, or trying to protect and enforce what you’ve already have, we can help patent and protect your idea or invention. Reach out to us today. We will quickly set up a time to discuss your intellectual property with an experienced patent attorney.
Available 24/7
Patent FAQs
Here’s a list of the most frequently asked questions about patents. Open each to see our pages dedicated to that topic.
How long does it take to get a patent in Chicago?
The timeline varies depending on the type of patent and the USPTO’s backlog. On average, utility patents take 1-3 years, while design patents are typically processed faster.
What is the cost of filing a patent?
Patent costs vary based on complexity. A utility patent can range from $5,000 to $15,000+, including USPTO and attorney fees. Design patents generally cost less.
Can I enforce my patent if someone infringes on it?
Yes, patent owners can legally enforce their rights and may file lawsuits in federal court for injunctions or damages. A patent attorney can help navigate the process.
What is the difference between utility and design patents?
- Utility Patents protect the functionality of an invention (valid for 20 years).
- Design Patents protect the appearance (valid for 15 years).
Do I need a patent attorney to file a patent?
While not required, working with a patent attorney significantly improves your chances of success, ensuring a strong, well-drafted application and USPTO compliance.
How do I check if my invention is already patented?
A patent search helps determine if an idea is novel. You can search the USPTO database, but a comprehensive attorney-conducted search provides the most reliable results.
Experienced Patent Attorneys
The attorneys at the Law Offices of Konrad Sherinian have extensive experience in patent matters. We’ve helped clients obtain numerous patents, including more difficult categories such as software, electronics, and the mechanical arts. We have obtained numerous patents in the United States and throughout the world. In addition, we have litigated patent cases on behalf of both plaintiffs and defendants in District Courts throughout the United States.
