The United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) grants patents for inventions that meet statutory criteria. To obtain a U.S. patent, you need to submit an application directly to the USPTO.
Seal of the United State Patent and Trademark Office.
The process of examining applications for patents at the USPTO is divided among a number of examining technology centers (TC). Each TC has jurisdiction over certain assigned fields of technology. The examiners at each TC review applications for patents and determine whether patents can be granted.
An appeal can be taken to the Patent Trials and Appeals Board (PTAB), and a review by the Director of the USPTO may be had on other matters by petition. In certain matters where an inventor claims that a patent application was derived from the inventor’s work, the PTAB can also decide what is called a Derivation Proceeding.
Navigating all this can be complicated or time-consuming if you are not experienced in the application process or the manner in which the USPTO operates. The United States Patent and Trademark Office themselves strongly recommend that all prospective applicants retain the services of a registered patent attorney or patent agent to prepare and prosecute their applications.
Is This The Best Time Ever For A Patent?
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Konrad Sherinian discusses the timing of getting a patent and why now may be the best window ever.
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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.
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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.
