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Patents

velis

Senior member
What's the best way to register a patent?

I went to www.uspto.org and got to www.legalzoom.com from there.
Are the guys at legalzoom any good?

Note that I have the following problems to solve:
1) Never registered a patent before
2) Not a native english speaker
3) Not a U.S. citizen

I'm also a bit weak on terminology. Things like what's the difference between a patent and a provisional patent application and similar stuff. I understand that an application is an application waiting to be approved (thus enforcing the applied for patent), but what's the "provisional" doing there?

Any advice on the places to go would be very appreciated.

Thanks,
Jure
 
If you are on the west or east coast you can go to one of the patent offices and they will walk you through it. Very easy in fact.

I invented the wheel.
 
If you can afford it, find yourself a good patent attorney. It will probably run you $5-10k to get the patent application filed. It's probably also a good idea if you're not entirely comfortable with your english skills, as any random word in an application can end up making a big difference later.

If you can't afford it, "Patent it Yourself" by Nolo Press is a pretty good, pretty basic, guide to writing and filing your own patent application.

A provisional application is basically a bookmark that kind of reserves your place in time. It expires in 12 months, and is basically used to reserve a "priority date" for use with a utility application (filed within that 12 months). A utility application is the one that can turn into a patent. There are also design patents, but in most cases they're practically useless.

There are many individuals and companies that specialize in scamming inventors out of their money, promising a patent, marketing services, etc. These are so prevelant that the Patent Office actually keeps a list of complaints.

Basically, the best way to avoid being scammed is to identify and retain a good patent attorney (or agent, who can also write applications but lacks the legal training and degree), or try to do it yourself.

There's a decent bit of basic info on the Patent Office website:
http://www.uspto.gov/web/offices/pac/doc/general/index.html
http://www.uspto.gov/web/patents/types.htm

Disclaimer: This is a ramble off the top of my head and should not be considered legal advice. Always consult an attorney.
 
Hi velis,

I have two patents, and I successfully wrote my own application for my second one. I'll be glad to give you some info.

The first thing you want before talking to anyone is a good, inventor oriented non-disclosure agreement, also called a disclosure document or NDA for short. I have one that my late partner and I drafted that has been reviewed and tested by many attorneys and used by myself and some of my inventor friends for years. I can send it to you as Word file or as an ASCII text file.

You do not need a patent attorney. A patent agent can do everything a patent attorney can do, except represent you in court. The difference is, the last time I filed a patent application, patent attorneys were asking over $300/hr while my patent agent charged $75/hr.

You need someone skilled in the field of your invention. The basic requirements to obtain a patent are that the invention must be new, useful and unobvious. No matter what they are charging, you will be paying for their time to educate them about your invention so you want someone who is conversant in the general field.

I am willing to discuss your invention with you, but only after I sign a disclosure document with you, first.

Good luck. 🙂
 
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