Get A New Idea? Learn The Simple Steps On How To Get A Patent For It And Where.
While protecting your new idea or product from duplication makes a patent application crucial, there are fees involved in doing so. Lots of fees. Nor will these fees be reimbursed if your patent application is rejected.
As with any other governmental process, it’s complicated just figuring out what the fees are and what they’re for, much less paying them. Let’s see if we can offer some clarity.
The legislation that authorizes the fees for your U.S. Patent and Trademark Office patent application is the federal 2005 Consolidated Appropriations Act. This act mandates the latest revisions (undoubtedly, this means increase) for maintenance fees, search fees, filing fees, and examination fees. If your patent application were to exceed 100 pages you would also incur an application size fee. Fees differ according to whether you file online or by mail. It also varies depending on whether you are applying for a utility or design patent.
The basic filing fee for a utility patent is reduced in half if you’re considered a small entity – a sole proprietor inventor, a small business or a non-profit organization. As of December 8th, 2004, this fee ranges from $75-$795 for a utility patent and $100-$200 for a design patent.
More than likely you’ll fall into the utility patent category. It is defined by the U.S. Patent Office as a machine, process, “article of manufacture,” or “process of matter.” A design patent, in contrast, is the invention of a new pattern or ornamental design for manufacture.
Search fee range is wide as well – $50-$500. Examination fees will cost you between $65 and $200.
Once your patent is in force, however, you are not yet out of the financial woods. You will need to pay maintenance fees to keep your patent in force. These payment dates are determined by the date of the original application, and must be paid 3 1/2, 7 1/2 and 11 1/2 years from that date.
The hefty fee is determined by date of payment. The first maintenance fee for small entities is $450; the second fee totals $1150; and the third $1900. For those determined by the U.S. PTO not to qualify as a small entity the fee is double. Design patent holders pay no maintenance fees. These maintenance fees apply to utility patents only.
For these charges you’ll receive protection against the loss of revenue from your invention that could occur with duplication of your products or ideas. The U.S. PTO also offers informational assistance, as well as face-to-face guidance.
In its tenth year, the annual Independent Inventors Conference, cosponsored with PTO by the National Inventors Hall of Fame, rolls out expert speakers who can offer tips on protecting your intellectual property, marketing your products, licensing your idea, finding a firm to help promote your invention, and understanding of trademarks and copyrights as well. At past conferences, folks like the PTO director, the U.S. patent commissioner, and the deputy commissioner for patent policy have offered their expansive expertise.
The U.S. PTO site can help you with applications, terminology, and finding a patent attorney or other professional to aid in your patent search. It is also your best source for finding the nearest walk in help – your local Patent and Trademark Depository Library.
By: Jason Roberts
About the Author:
As with any other governmental process, it’s complicated just figuring out what the fees are and what they’re for, much less paying them. Let’s see if we can offer some clarity.
The legislation that authorizes the fees for your U.S. Patent and Trademark Office patent application is the federal 2005 Consolidated Appropriations Act. This act mandates the latest revisions (undoubtedly, this means increase) for maintenance fees, search fees, filing fees, and examination fees. If your patent application were to exceed 100 pages you would also incur an application size fee. Fees differ according to whether you file online or by mail. It also varies depending on whether you are applying for a utility or design patent.
The basic filing fee for a utility patent is reduced in half if you’re considered a small entity – a sole proprietor inventor, a small business or a non-profit organization. As of December 8th, 2004, this fee ranges from $75-$795 for a utility patent and $100-$200 for a design patent.
More than likely you’ll fall into the utility patent category. It is defined by the U.S. Patent Office as a machine, process, “article of manufacture,” or “process of matter.” A design patent, in contrast, is the invention of a new pattern or ornamental design for manufacture.
Search fee range is wide as well – $50-$500. Examination fees will cost you between $65 and $200.
Once your patent is in force, however, you are not yet out of the financial woods. You will need to pay maintenance fees to keep your patent in force. These payment dates are determined by the date of the original application, and must be paid 3 1/2, 7 1/2 and 11 1/2 years from that date.
The hefty fee is determined by date of payment. The first maintenance fee for small entities is $450; the second fee totals $1150; and the third $1900. For those determined by the U.S. PTO not to qualify as a small entity the fee is double. Design patent holders pay no maintenance fees. These maintenance fees apply to utility patents only.
For these charges you’ll receive protection against the loss of revenue from your invention that could occur with duplication of your products or ideas. The U.S. PTO also offers informational assistance, as well as face-to-face guidance.
In its tenth year, the annual Independent Inventors Conference, cosponsored with PTO by the National Inventors Hall of Fame, rolls out expert speakers who can offer tips on protecting your intellectual property, marketing your products, licensing your idea, finding a firm to help promote your invention, and understanding of trademarks and copyrights as well. At past conferences, folks like the PTO director, the U.S. patent commissioner, and the deputy commissioner for patent policy have offered their expansive expertise.
The U.S. PTO site can help you with applications, terminology, and finding a patent attorney or other professional to aid in your patent search. It is also your best source for finding the nearest walk in help – your local Patent and Trademark Depository Library.
By: Jason Roberts
About the Author:
Robert Michael is a writer for Juris Patents
which is an excellent place to find patents links,
resources and articles. For more information go to:
http://www.jurispatents.com
California Patent Lawyer Discusses Patent Laws
In the United States, patent laws vary from state to state or even from jurisdiction to jurisdiction. Thus, California patent laws are unique to California. California patent laws are still both clearly defined and as technically difficult as other states. Patent infringement is basically defined the same everywhere.
The manufacture, use, sale, offer to sell, or import and existing or patented device, product, material, or other conceivable invention constitutes patent infringement. Patent infringement lawyers basically have three jobs.
The first job of a patent infringement lawyer is to protect people’s right to carry, and exclusively market their patent for the time frame of the patent. A patent infringement lawyer also helps throughout the development process in determining whether or not a patent already exists or has been applied for. Finally, a patent infringement lawyer will defend those accused of patent infringement.
California patent laws state that, just like all other states, the only person who is permitted to apply for the patent is the actual inventor. Thus, even if the inventor is currently employed by a company who creates and develops new products, the inventor is the only one who can sign the patent.
However, with the help of a patent infringement attorney, the inventor can be “bought out”. This means that a patent infringement attorney can facilitate a negotiation between the inventor and the company to purchase from the inventor the rights to produce, market, and sell the invention or product without the threat of a patent infringement lawsuit.
This also means that the company has to be willing and able to purchase the idea from the inventor. For example, Kodak did not, as a company, invent the disposable camera. An employee of the company invented the disposable camera. Two patent infringement attorneys, one for the employee and one for the company, negotiated the reasonable amount of money the inventor was willing to accept in exchange for his invention. California patent laws state that this is perfectly reasonable and acceptable provided that the inventor is not coerced, threatened, or forced into this agreement, which can include the threat of a job loss.
California patent laws also state that while an inventor is the only individual who is permitted to apply for a patent, an the event that for whatever reason the individual determines that he or she does not wish to apply for the patent or can not be located, an interested party may file for a patent on that individual’s behalf.
Thus, if Mary Alice has created in her basement in her spare time the ultimate software but doesn’t wish to apply for a patent, her friend Janet can take the information to a patent infringement attorney and provided that there is not another patent on file, Janet and the patent infringement attorney can file for the patent on behalf of Mary Alice.
Mary Alice will still hold the rights to the patent, and Janet doesn’t financially benefit from this at all. In fact, she is now responsible for the patent infringement attorney’s fees. Hopefully Mary Alice is just as good of a friend and will buy Mary Alice a house or something when the software patent rights are purchased by a major software company.
California patent laws have clarified rights for people who don’t wish to file patents, rights of filing for patents for the legally insane, and exclude employees of the patent office from having any interest whatsoever in a patent, with the exception of inheritance.
California patent laws still of course require the constantly patent educated patent infringement attorneys to interpret the fine details. California patent laws can be segregated into three basic categories. One for plants, one for utilities, and one for design.
Patent infringement attorneys are typically well versed in all three categories, however most patents fall under utility patents. Utility patents encompass pretty much everything that was ever invented outside of plants (which aren’t really invented anyway) and designs. Patent infringement attorneys are able to represent any of these three categories for a client if the need arises.
California patent laws prevent the application process for a patent based solely on an idea, however, patent infringement attorneys are still often asked to do clearance or patent searches when the only thing the inventor has is an idea.
California patent paws require that the patent applied for has a functioning version of the item being applied for and may very well request to see it. California patent laws are fairly stringent and are a constant fluid entity. Patent infringement attorneys are often confused with the final approval of a patent. Not so.
The U.S. Patent Office has the last say as to whether or not a patent will be issued. Patent infringement attorneys are valuable in interpreting and keeping up with California patent law changes, but have no final direction in whether or not a patent will be granted for any particular invention.
By: Nick Johnson
About the Author:
The manufacture, use, sale, offer to sell, or import and existing or patented device, product, material, or other conceivable invention constitutes patent infringement. Patent infringement lawyers basically have three jobs.
The first job of a patent infringement lawyer is to protect people’s right to carry, and exclusively market their patent for the time frame of the patent. A patent infringement lawyer also helps throughout the development process in determining whether or not a patent already exists or has been applied for. Finally, a patent infringement lawyer will defend those accused of patent infringement.
California patent laws state that, just like all other states, the only person who is permitted to apply for the patent is the actual inventor. Thus, even if the inventor is currently employed by a company who creates and develops new products, the inventor is the only one who can sign the patent.
However, with the help of a patent infringement attorney, the inventor can be “bought out”. This means that a patent infringement attorney can facilitate a negotiation between the inventor and the company to purchase from the inventor the rights to produce, market, and sell the invention or product without the threat of a patent infringement lawsuit.
This also means that the company has to be willing and able to purchase the idea from the inventor. For example, Kodak did not, as a company, invent the disposable camera. An employee of the company invented the disposable camera. Two patent infringement attorneys, one for the employee and one for the company, negotiated the reasonable amount of money the inventor was willing to accept in exchange for his invention. California patent laws state that this is perfectly reasonable and acceptable provided that the inventor is not coerced, threatened, or forced into this agreement, which can include the threat of a job loss.
California patent laws also state that while an inventor is the only individual who is permitted to apply for a patent, an the event that for whatever reason the individual determines that he or she does not wish to apply for the patent or can not be located, an interested party may file for a patent on that individual’s behalf.
Thus, if Mary Alice has created in her basement in her spare time the ultimate software but doesn’t wish to apply for a patent, her friend Janet can take the information to a patent infringement attorney and provided that there is not another patent on file, Janet and the patent infringement attorney can file for the patent on behalf of Mary Alice.
Mary Alice will still hold the rights to the patent, and Janet doesn’t financially benefit from this at all. In fact, she is now responsible for the patent infringement attorney’s fees. Hopefully Mary Alice is just as good of a friend and will buy Mary Alice a house or something when the software patent rights are purchased by a major software company.
California patent laws have clarified rights for people who don’t wish to file patents, rights of filing for patents for the legally insane, and exclude employees of the patent office from having any interest whatsoever in a patent, with the exception of inheritance.
California patent laws still of course require the constantly patent educated patent infringement attorneys to interpret the fine details. California patent laws can be segregated into three basic categories. One for plants, one for utilities, and one for design.
Patent infringement attorneys are typically well versed in all three categories, however most patents fall under utility patents. Utility patents encompass pretty much everything that was ever invented outside of plants (which aren’t really invented anyway) and designs. Patent infringement attorneys are able to represent any of these three categories for a client if the need arises.
California patent laws prevent the application process for a patent based solely on an idea, however, patent infringement attorneys are still often asked to do clearance or patent searches when the only thing the inventor has is an idea.
California patent paws require that the patent applied for has a functioning version of the item being applied for and may very well request to see it. California patent laws are fairly stringent and are a constant fluid entity. Patent infringement attorneys are often confused with the final approval of a patent. Not so.
The U.S. Patent Office has the last say as to whether or not a patent will be issued. Patent infringement attorneys are valuable in interpreting and keeping up with California patent law changes, but have no final direction in whether or not a patent will be granted for any particular invention.
By: Nick Johnson
About the Author:
Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Find more information at: http://www.toppatentinfringementlawyers.com or call 1-888-311-5522
If You’ve Got A Good Idea For A Product, Do You Need A Patent?
Once you have your product developed it’s time to decide if a patent is worth the trouble. Although in theory, all good ideas should be protected by a patent. Consider the protection however as only the right to allow you to claim the technology, product or ideas as your own. YOU get to do all the protecting. So if you develop a product then someone steals the idea and goes into competition with you, you have the right to sue and defend your patent rights.
In patent cases, there typically are claims and counter-claims, especially if it’s a popular product. These cases can quickly become more complicated because of the dynamics of product development. As the complexity increase, so do the costs.
Understand that it’s YOU that gets to pay the patent attorney fees and court costs that can rapidly add up into the tens of thousands of dollars very quickly. So you need to ask yourself if your product or idea is such that it will generate large dollars. Put bluntly, what’s the product going to be worth and are you confident that the product of idea has a good shot at being worth the trouble. Of course, the higher the value of the product-idea- or technology, the more likely people will want to compete and it may be to your advantage to apply for the patent rights with the government.
Another thing to consider is that even if you have the patent rights in the U.S., others may be free to use your ideas throughout the rest of the world. Although many countries support common patent rights, the reality is that if it’s a good idea and is used outside the United States, it’s becomes even more expensive and difficult to protect your patent rights. It’s important at this point in your product development to understand that the costs of a patent are not in the application but in the defense when it becomes necessary.
If you’re product becomes popular, it’s not unknown for large corporations to take your patented ideas and compete directly with you in the market. Because of their size, they have a great advantage and can literally destroy your business built around your product, idea, technology or patent. Large corporations have been known to simply have an attitude of “sue me.” They then tie up the little guy in litigation for years and sometimes decades all the while benefiting from his idea. Understand that this doesn’t always happen but if it does, you could be left without a market for your patented idea and the prospect of paying hundreds of thousands of dollars to attorneys to establish your patent rights.
Finally, the last major issue to consider is that some countries and international companies simply will not care about your patent even if you have one. These countries, specifically China comes to mind, do not care about intellectual property rights or patents. Even if fully protected with your patent, some countries have no problem simply taking what interests them. Although China isn’t the only country to have this attitude, they have been considered one of the biggest offenders for years.
So you need to ask yourself if the value of your idea is such that it warrants a patent. That you are willing and able to defend those rights in court, and have developed a plan to protect your idea in the international markets.
By: Abigail Franks
About the Author:
In patent cases, there typically are claims and counter-claims, especially if it’s a popular product. These cases can quickly become more complicated because of the dynamics of product development. As the complexity increase, so do the costs.
Understand that it’s YOU that gets to pay the patent attorney fees and court costs that can rapidly add up into the tens of thousands of dollars very quickly. So you need to ask yourself if your product or idea is such that it will generate large dollars. Put bluntly, what’s the product going to be worth and are you confident that the product of idea has a good shot at being worth the trouble. Of course, the higher the value of the product-idea- or technology, the more likely people will want to compete and it may be to your advantage to apply for the patent rights with the government.
Another thing to consider is that even if you have the patent rights in the U.S., others may be free to use your ideas throughout the rest of the world. Although many countries support common patent rights, the reality is that if it’s a good idea and is used outside the United States, it’s becomes even more expensive and difficult to protect your patent rights. It’s important at this point in your product development to understand that the costs of a patent are not in the application but in the defense when it becomes necessary.
If you’re product becomes popular, it’s not unknown for large corporations to take your patented ideas and compete directly with you in the market. Because of their size, they have a great advantage and can literally destroy your business built around your product, idea, technology or patent. Large corporations have been known to simply have an attitude of “sue me.” They then tie up the little guy in litigation for years and sometimes decades all the while benefiting from his idea. Understand that this doesn’t always happen but if it does, you could be left without a market for your patented idea and the prospect of paying hundreds of thousands of dollars to attorneys to establish your patent rights.
Finally, the last major issue to consider is that some countries and international companies simply will not care about your patent even if you have one. These countries, specifically China comes to mind, do not care about intellectual property rights or patents. Even if fully protected with your patent, some countries have no problem simply taking what interests them. Although China isn’t the only country to have this attitude, they have been considered one of the biggest offenders for years.
So you need to ask yourself if the value of your idea is such that it warrants a patent. That you are willing and able to defend those rights in court, and have developed a plan to protect your idea in the international markets.
By: Abigail Franks
About the Author:
Abigail Franks writes on a variety of subjects which include family, home, and business. For more information on patents and patent attorneys visit the site at http://www.patent-attorney.livingwellzone.com
Amazing History of Hidden Baseball Patents
With the advent of the great American pastime, Players, Coaches, Parents and Inventors have made amazing strides in the development of baseball mitts and gloves. Advancing Player performance at all levels which is tempered by distributed cost are the challenges faced by all.
Many significant advances are protected by United States Patents. Contemporary gloves make these original designs seem obvious in their development. But at the time, these changes were ground breaking.
An early Patent, Ball Players Glove. Although not baseball specific, the abstract gives full detail on what it is used for and whom they are to protect. Filed by Edwin Loucks of New York on August 23, 1887 under Patent Number 368,724. Essentially, this is an open finger glove with leather palm and rear strap with buckle.
The ringing goal for his invention was to be ‘serviceable, cheap and extremely durable.’ Here, Player protection while participating in this new game drove its development.
As it has been said before, what is old is new again with time. Even in 1887, cost control for players was in the thoughts of their parents and equipment makers. The best mouse trap in the world is useless if the cost to acquire it outweigh the benefits of having one.
Further United States Patent 1,056,909 in 1913 by Charles M. King of Washington DC as assignor to AG Spalding & Brothers a New Jersey Corporation. In the Abstract, “The object of my invention is to produce a base ball glove or mitt in which the palm portion is constructed to present a more adherent surface in catching a base ball.”
Notice that baseball way back then was two words. But this summary pretty much starts it all; modern age of improving glove technology and the gloves ability to catch a baseball. Here creating equipment to functionally assist the Player.
US Patent Number 01,496,824 Robert F. Nixon Jr. of Philadelphia Pennsylvania took things up a notch with his patent in 1924 by most notably adding fingers to his Baseball Gloves and Mitts Design.
Through the history of baseball, design changes like these have been added to those then contemporary models. Each improvement enabling Players to stretch just a little farther or make plays during the heat of the moment not previously seen.
Another US Patent Number 2,750,594 by Henry Denkert of Johnstown NY added one of the most recognizable features still used in baseball glove and mitt manufacturing today. He created the baseball glove with a pre-formed pocket. His creativity forever solved an ongoing problem. “Gloves of conventional construction take considerable time for the pocket to form properly and since the padding can shift its position, the pocket may not retain its proper shape.” This break through occurred in June 19, 1956
From this point forward gloves look much as they do today. Changes in assembly, materials and processes still add to the equipments ability to function at a higher level then their predecessors.
One lingering question on the mind is would the historical greats have done better or worse if contemporary equipment was available to them. Would a 1924 Major League short stop have the same skill and ability if he was trained with a superior performing glove. Would he have learned to use two hands as well as he did when his glove demanded two hand performance?
It almost seems obvious that the player using a pocketless glove would have a significant in developing the use of two hands for all catching situations. When choice is provided between using two hands or clasping with one, modern players, particularly new players, opt for the single hand solution. Without great Coaching, breaking these habits is extremely difficult and could spell the demise of the Players advancement.
By: Mitchell Dowdy
About the Author:
Many significant advances are protected by United States Patents. Contemporary gloves make these original designs seem obvious in their development. But at the time, these changes were ground breaking.
An early Patent, Ball Players Glove. Although not baseball specific, the abstract gives full detail on what it is used for and whom they are to protect. Filed by Edwin Loucks of New York on August 23, 1887 under Patent Number 368,724. Essentially, this is an open finger glove with leather palm and rear strap with buckle.
The ringing goal for his invention was to be ‘serviceable, cheap and extremely durable.’ Here, Player protection while participating in this new game drove its development.
As it has been said before, what is old is new again with time. Even in 1887, cost control for players was in the thoughts of their parents and equipment makers. The best mouse trap in the world is useless if the cost to acquire it outweigh the benefits of having one.
Further United States Patent 1,056,909 in 1913 by Charles M. King of Washington DC as assignor to AG Spalding & Brothers a New Jersey Corporation. In the Abstract, “The object of my invention is to produce a base ball glove or mitt in which the palm portion is constructed to present a more adherent surface in catching a base ball.”
Notice that baseball way back then was two words. But this summary pretty much starts it all; modern age of improving glove technology and the gloves ability to catch a baseball. Here creating equipment to functionally assist the Player.
US Patent Number 01,496,824 Robert F. Nixon Jr. of Philadelphia Pennsylvania took things up a notch with his patent in 1924 by most notably adding fingers to his Baseball Gloves and Mitts Design.
Through the history of baseball, design changes like these have been added to those then contemporary models. Each improvement enabling Players to stretch just a little farther or make plays during the heat of the moment not previously seen.
Another US Patent Number 2,750,594 by Henry Denkert of Johnstown NY added one of the most recognizable features still used in baseball glove and mitt manufacturing today. He created the baseball glove with a pre-formed pocket. His creativity forever solved an ongoing problem. “Gloves of conventional construction take considerable time for the pocket to form properly and since the padding can shift its position, the pocket may not retain its proper shape.” This break through occurred in June 19, 1956
From this point forward gloves look much as they do today. Changes in assembly, materials and processes still add to the equipments ability to function at a higher level then their predecessors.
One lingering question on the mind is would the historical greats have done better or worse if contemporary equipment was available to them. Would a 1924 Major League short stop have the same skill and ability if he was trained with a superior performing glove. Would he have learned to use two hands as well as he did when his glove demanded two hand performance?
It almost seems obvious that the player using a pocketless glove would have a significant in developing the use of two hands for all catching situations. When choice is provided between using two hands or clasping with one, modern players, particularly new players, opt for the single hand solution. Without great Coaching, breaking these habits is extremely difficult and could spell the demise of the Players advancement.
By: Mitchell Dowdy
About the Author:
Mr. Dowdy is an Official Distributor for NW Kelley USA Baseball you can also click over to Hirsch Group for more tips/articles or even Hirsch Group Blog for current events.
Thanks for reading my article!
If You’re a Struggling Scientist, a Shortcut to a Lucrative Career in Patent Law Awaits You
An article at CNN lists academic research scientists as one of the top three “Big jobs that pay badly”. The article states that this career track has “one of the most disproportionate ratios of training to pay”.
I believe it.
As a one-time research scientist myself, I experienced the low pay first-hand. In all honesty, it was barely enough to support my modest living needs, let alone a family. I found myself in the uncomfortable position of actually making less than a full-time waitress. This was with my Master’s degree in Molecular Biology working at a prestigious academic institute.
And as much as I’d like to say it gets better with more education, I can’t. Unfortunately, the salary and job expectations only seem to only worsen with the degree level. If you’re a postdoc, you know exactly what I mean.
Decades ago, the postdoctoral position was merely a “stepping stone” on the road to something bigger and better. But today, many postdocs are trapped in their temporary positions. Some spend as long as a decade, or more, just biding their time, searching for their “big-break” into the small pool of permanent Ph.D. positions.
Even those that make it are forced to go where the money is, which might not be where their ideas and dreams would take them.
I can imagine if you’re in this position, you’re probably wondering why I’m bringing this up. To rub in how incredibly underpaid you are? No. Instead, I want to let you in on a little secret.
It’s a shortcut actually.
You see, my story changed when I found out that as a scientist, I qualified to begin a career in patent law. All I needed to gain status as a registered Patent Agent was pass an exam conducted by the United States Patent and Trademark Office. Upon passing this exam, I would be legally eligible to write and prosecute patents in the U.S.
Chances are you qualify to take this exam and become a Patent Agent too.
A licensed Patent Agent (with no law degree) makes an average expected salary of $74,900 a year (as reported by PayScale.com in 2005). Contrast this with the $45,000 average salary of a Research Associate in the field of Biotechnology. That’s almost $30,000 more in a single year.
The salary for a Ph.D. in a postdoc position is a mere $38,000. And the average number of hours a postdoc works in a typical week is 51. If you do the math, it becomes apparent that a postdoc’s hourly wage is just under $15/hour. This is less than the average salary earned by recent college graduates with only a bachelor’s degree. Once again, let me remind you of the average salary of a Patent Agent — $74,900 a year.
And it’s not all about money. A career as a Patent Agent has its rewards. It’s a highly respectable and honorable career where you may put your knowledge to the test and solve fascinating technical and legal problems. It is your opportunity to really use that science degree (or the degrees) you worked so hard to get and earn the prestige you so deserve.
You will be right on the cutting edge of research and development, quite possibly even closer to it than you are today tucked away running experiments in the laboratory. You will be positioned to learn about new and exciting discoveries before anyone else.
In addition to the prestige offered by a career in patent law, there is virtually unlimited potential. Patent law is one of the few legal specialties that is actually growing. And since many biotech innovations truly do advance society, you will have the opportunity to do something positive for mankind (which is probably why you became a scientist in the first place).
And you may always choose to get a law degree after you gain experience as a Patent Agent. As you might guess, you can expect a higher pay and even more challenges as a Patent Attorney (in fact, the average pay for a Patent Attorney is $100,000 with some partners earning well over $200,000 a year).
So with all the benefits of a career in patent law, why don’t more scientists opt for this opportunity? Especially when all that stands between them and this career is an exam? Well the truth is, many just don’t know the opportunity exists. My goal is to change that.
As you can see, passing the Patent Bar exam can open an entirely new career door for you. It can pave the way to a higher salary and a highly rewarding career. So if you’re interested in a career change of this sort, please seek out more information today. As you know, shortcuts don’t always last forever, especially when the word gets out.
By: Lisa Parmley
About the Author:
I believe it.
As a one-time research scientist myself, I experienced the low pay first-hand. In all honesty, it was barely enough to support my modest living needs, let alone a family. I found myself in the uncomfortable position of actually making less than a full-time waitress. This was with my Master’s degree in Molecular Biology working at a prestigious academic institute.
And as much as I’d like to say it gets better with more education, I can’t. Unfortunately, the salary and job expectations only seem to only worsen with the degree level. If you’re a postdoc, you know exactly what I mean.
Decades ago, the postdoctoral position was merely a “stepping stone” on the road to something bigger and better. But today, many postdocs are trapped in their temporary positions. Some spend as long as a decade, or more, just biding their time, searching for their “big-break” into the small pool of permanent Ph.D. positions.
Even those that make it are forced to go where the money is, which might not be where their ideas and dreams would take them.
I can imagine if you’re in this position, you’re probably wondering why I’m bringing this up. To rub in how incredibly underpaid you are? No. Instead, I want to let you in on a little secret.
It’s a shortcut actually.
You see, my story changed when I found out that as a scientist, I qualified to begin a career in patent law. All I needed to gain status as a registered Patent Agent was pass an exam conducted by the United States Patent and Trademark Office. Upon passing this exam, I would be legally eligible to write and prosecute patents in the U.S.
Chances are you qualify to take this exam and become a Patent Agent too.
A licensed Patent Agent (with no law degree) makes an average expected salary of $74,900 a year (as reported by PayScale.com in 2005). Contrast this with the $45,000 average salary of a Research Associate in the field of Biotechnology. That’s almost $30,000 more in a single year.
The salary for a Ph.D. in a postdoc position is a mere $38,000. And the average number of hours a postdoc works in a typical week is 51. If you do the math, it becomes apparent that a postdoc’s hourly wage is just under $15/hour. This is less than the average salary earned by recent college graduates with only a bachelor’s degree. Once again, let me remind you of the average salary of a Patent Agent — $74,900 a year.
And it’s not all about money. A career as a Patent Agent has its rewards. It’s a highly respectable and honorable career where you may put your knowledge to the test and solve fascinating technical and legal problems. It is your opportunity to really use that science degree (or the degrees) you worked so hard to get and earn the prestige you so deserve.
You will be right on the cutting edge of research and development, quite possibly even closer to it than you are today tucked away running experiments in the laboratory. You will be positioned to learn about new and exciting discoveries before anyone else.
In addition to the prestige offered by a career in patent law, there is virtually unlimited potential. Patent law is one of the few legal specialties that is actually growing. And since many biotech innovations truly do advance society, you will have the opportunity to do something positive for mankind (which is probably why you became a scientist in the first place).
And you may always choose to get a law degree after you gain experience as a Patent Agent. As you might guess, you can expect a higher pay and even more challenges as a Patent Attorney (in fact, the average pay for a Patent Attorney is $100,000 with some partners earning well over $200,000 a year).
So with all the benefits of a career in patent law, why don’t more scientists opt for this opportunity? Especially when all that stands between them and this career is an exam? Well the truth is, many just don’t know the opportunity exists. My goal is to change that.
As you can see, passing the Patent Bar exam can open an entirely new career door for you. It can pave the way to a higher salary and a highly rewarding career. So if you’re interested in a career change of this sort, please seek out more information today. As you know, shortcuts don’t always last forever, especially when the word gets out.
By: Lisa Parmley
About the Author:
Copyright © 2005 Lisa Parmley
For more information on the Patent Bar Exam and a career in patent law, please visit Patent Bar Exam News. Download the free report and discover how you can land an exclusive career in patent law.
For more information on the Patent Bar Exam and a career in patent law, please visit Patent Bar Exam News. Download the free report and discover how you can land an exclusive career in patent law.
Does Your New Product Qualify For A Patent
If you’ve created something unique and something you believe to be marketable the subject of patents should be of immense interest to you. Without a patent your idea could be stolen from you. With a patent in place the concept, and its financial rewards, are yours for a minimum of 17 and a maximum of 20 years.
Does your new product qualify for a patent, however? To determine this you’ll need to not only prove its uniqueness but to also make sure it’s not disqualified for category.
In the United States, for example, the issuing federal agency is the U.S. Patent and Trademark Office. This agency offers utility patents, the most common form of patent, on brand new designs that can prove usefulness. They can even patent new varieties of foliage such as plants.
What cannot be patented, however, are new pharmaceuticals that are determined to be unsafe, nuclear weapons, phenomena theoretical in nature, inventions that aren’t operable, non-operational changes such as aesthetic improvements, inventions whose primary purpose would be seen as illegal, and those considered by the patent office as “whimsical,” i.e., serving no serious purpose. As of this writing the patent office also refuses “immoral” patents, but a change is in the offing that will eliminate this category from patent refusal.
One of the criteria used by the US PTO to determine uniqueness and thus eligibility for a patent is whether someone who is considered an expert in the field in which you’re introducing a new product would consider the product not only useful but also unique. You will, therefore, delay your application for a patent until you’ve determined that the answer to this is yes. You’ll want to provide the PTO with the name or names of experts who have attested to the usefulness and unique nature of your creation.
This is where you must be careful. Sharing your idea prior to its patent could result in its theft if you don’t take precautions. Besides carefully studying the credibility and ethics of those from whom you seek a professional opinion of your new idea or product, you’ll also want to carefully document your step-by-step creation – from original concept to completion.
Purchase a notebook. It doesn’t need to be anything fancy – just a diary sort of concept that notes each and every move made and every idea generated that helped to bring your concept and product to fruition. While in this day and age you’re probably more prone to use a word processing system to do so (and that’s a great idea for backup since you can not only keep it on your hard drive but save it to CD, DVD or disk) you’ll first want to record these steps, in your own handwriting, in your notebook. Make sure you date each step as well.
The process for earning a patent from initial application averages two years. However, while that process is pending you will still have proof that you’re the inventor by showing the PTO documentation of application number and official date of filing. If applying online, you’ll have this information in minutes. If you apply by mail, the documentation should arrive within eight weeks.
Once you’ve received your patent, you’ll have protected your new product or idea from infringement. What this means is that were anyone to try to claim it as their own, or to duplicate it and use or sell that duplication, you could sue for damages.
By: Jason Roberts
About the Author:
Does your new product qualify for a patent, however? To determine this you’ll need to not only prove its uniqueness but to also make sure it’s not disqualified for category.
In the United States, for example, the issuing federal agency is the U.S. Patent and Trademark Office. This agency offers utility patents, the most common form of patent, on brand new designs that can prove usefulness. They can even patent new varieties of foliage such as plants.
What cannot be patented, however, are new pharmaceuticals that are determined to be unsafe, nuclear weapons, phenomena theoretical in nature, inventions that aren’t operable, non-operational changes such as aesthetic improvements, inventions whose primary purpose would be seen as illegal, and those considered by the patent office as “whimsical,” i.e., serving no serious purpose. As of this writing the patent office also refuses “immoral” patents, but a change is in the offing that will eliminate this category from patent refusal.
One of the criteria used by the US PTO to determine uniqueness and thus eligibility for a patent is whether someone who is considered an expert in the field in which you’re introducing a new product would consider the product not only useful but also unique. You will, therefore, delay your application for a patent until you’ve determined that the answer to this is yes. You’ll want to provide the PTO with the name or names of experts who have attested to the usefulness and unique nature of your creation.
This is where you must be careful. Sharing your idea prior to its patent could result in its theft if you don’t take precautions. Besides carefully studying the credibility and ethics of those from whom you seek a professional opinion of your new idea or product, you’ll also want to carefully document your step-by-step creation – from original concept to completion.
Purchase a notebook. It doesn’t need to be anything fancy – just a diary sort of concept that notes each and every move made and every idea generated that helped to bring your concept and product to fruition. While in this day and age you’re probably more prone to use a word processing system to do so (and that’s a great idea for backup since you can not only keep it on your hard drive but save it to CD, DVD or disk) you’ll first want to record these steps, in your own handwriting, in your notebook. Make sure you date each step as well.
The process for earning a patent from initial application averages two years. However, while that process is pending you will still have proof that you’re the inventor by showing the PTO documentation of application number and official date of filing. If applying online, you’ll have this information in minutes. If you apply by mail, the documentation should arrive within eight weeks.
Once you’ve received your patent, you’ll have protected your new product or idea from infringement. What this means is that were anyone to try to claim it as their own, or to duplicate it and use or sell that duplication, you could sue for damages.
By: Jason Roberts
About the Author:
Robert Michael is a writer for
Juris Patents
which is an excellent place to find patents links,
resources and articles. For more information go to:
http://www.jurispatents.com
Learning About the Patent Bar Exam
If you are intent on attending college and taking college courses throughout your education, there are definitely quite a number of possibilities after you graduate with a Bachelor’s degree. One of those possibilities is to follow a Patent Agent or Patent Attorney career path. This can only be achieved, however, through the successful completion of the Patent Bar Exam.
If you have just finished college and have decided that you want to follow the career path of a Patent Attorney then the Patent Bar Exam is what you’ll need to take. However, if you are all unsure about whether you’re even eligible for the exam and you’d like to know even more information about what the Patent Bar Exam contains then it would be wise to read on.
Who is Eligible for the Exam: Simply put, anyone can take the Patent Bar Exam if he or she has taken the right courses at college. Even though hardly any colleges offer a specific “Patent” program that enables you to prepare fully for the exam, most of the exam questions and knowledge that it requires one to have involves the use of scientific knowledge.
This is where the proper courses come into play. Only applicants to the Patent Bar Exam who have completed enough science courses in college are eligible to take the test. In other words, if you have not completed a Bachelor’s degree in one of the many science majors that colleges and universities offer, such as physics, chemistry, biology, food technology, and botany among many others, there is a sequence and amount of specific science courses that must be completed in order to be eligible to take the exam.
Studying for the Patent Bar Exam: If you are thinking about taking the Patent Bar Exam or already have a spot secured for you, you are probably trying to figure out how to study for the exam itself. While there are many ways to study for this test, perhaps the best way to study that many people recommend is to enroll or purchase a Patent Bar Exam review course.
Of course, these review courses are sometimes very expensive to obtain, the goal of having a comprehensive study session should be accomplished. Patent Bar Review courses will usually contain a simulation Patent Bar Exam with hundreds of questions, as well as hundreds of other questions that are realistic for the exam itself.
Scheduling Your Exam Time: Since the only proof of your education and eligibility that you need is a Bachelor’s degree in a science major or the successful completion of a series of major science courses, one should schedule his or her exam time immediately after his or her graduation date. When one schedules time for the exam there will be two options available.
First, one is able to take a written Patent Bar Exam. Second, one is able to choose an electronic-version of the exam. The vast majority of current Patent Bar Exam applicants elect to take the electronic-computerized version simply because it is offered more frequently, whereas the written Patent Bar Exam is only offered once in a specific location.
All in all, the Patent Bar Exam may be difficult to pass, but one receives a payoff in the end when he or she is able to charge a considerable amount for their services. If you are set on taking the exam then you must be careful at what science courses you take and pass at your college or university, as well as be certain to schedule your Patent Bar Exam time as soon as time permits following your college graduation!
By: Daniel Millions
About the Author:
If you have just finished college and have decided that you want to follow the career path of a Patent Attorney then the Patent Bar Exam is what you’ll need to take. However, if you are all unsure about whether you’re even eligible for the exam and you’d like to know even more information about what the Patent Bar Exam contains then it would be wise to read on.
Who is Eligible for the Exam: Simply put, anyone can take the Patent Bar Exam if he or she has taken the right courses at college. Even though hardly any colleges offer a specific “Patent” program that enables you to prepare fully for the exam, most of the exam questions and knowledge that it requires one to have involves the use of scientific knowledge.
This is where the proper courses come into play. Only applicants to the Patent Bar Exam who have completed enough science courses in college are eligible to take the test. In other words, if you have not completed a Bachelor’s degree in one of the many science majors that colleges and universities offer, such as physics, chemistry, biology, food technology, and botany among many others, there is a sequence and amount of specific science courses that must be completed in order to be eligible to take the exam.
Studying for the Patent Bar Exam: If you are thinking about taking the Patent Bar Exam or already have a spot secured for you, you are probably trying to figure out how to study for the exam itself. While there are many ways to study for this test, perhaps the best way to study that many people recommend is to enroll or purchase a Patent Bar Exam review course.
Of course, these review courses are sometimes very expensive to obtain, the goal of having a comprehensive study session should be accomplished. Patent Bar Review courses will usually contain a simulation Patent Bar Exam with hundreds of questions, as well as hundreds of other questions that are realistic for the exam itself.
Scheduling Your Exam Time: Since the only proof of your education and eligibility that you need is a Bachelor’s degree in a science major or the successful completion of a series of major science courses, one should schedule his or her exam time immediately after his or her graduation date. When one schedules time for the exam there will be two options available.
First, one is able to take a written Patent Bar Exam. Second, one is able to choose an electronic-version of the exam. The vast majority of current Patent Bar Exam applicants elect to take the electronic-computerized version simply because it is offered more frequently, whereas the written Patent Bar Exam is only offered once in a specific location.
All in all, the Patent Bar Exam may be difficult to pass, but one receives a payoff in the end when he or she is able to charge a considerable amount for their services. If you are set on taking the exam then you must be careful at what science courses you take and pass at your college or university, as well as be certain to schedule your Patent Bar Exam time as soon as time permits following your college graduation!
By: Daniel Millions
About the Author:
Learn about the patent bar and patent bar requirements to obtain your license.