How Much Do Patents Cost?
About $330. Thanks for reading, hope this was helpful.
Not so fast, that was too easy. Actually that is about the cost to file a patent. There is a problem though, especially if you’re an amateur. Sure it only costs that much to file, and that could have easily have been the end of my blog, but for most filers it just does not work out that way unfortunately.
What happens is when you write out your patent description, you have to go to great lengths to describe in detail your invention. Next, you file your patent and if all goes well within about 3 years you will get it. But it never really works out that way. For one there are millions of patents out there. More than likely there is another patent out there close to yours. You will then get a rejection later saying your description of your patent was too close to another. Here is where the costs start to pile up.
You now need to find a patent expert/attorney. They will need to rewrite your patent in a way that it will pass where the other failed. That also may not be it either, this process can continue over and over until it makes it through the system. So if you’re not a technical writer, or if your invention is so unique that there is nothing else like it on the planet, the costs of getting the patent could cost you thousands and thousands of dollars.
Check out the US Patent Office website here for more information.
Help, I’m Being Sued
You know I thought I had a great idea, a great invention. I did some patent searches to make sure nobody else had taken my idea. Did more and more research and finally said I am ready to go for it. So after nearly a year of working my tail end off and getting my product to market, I find out through a very nasty letter from an attorney that I had stolen someone else’s idea. What!? You’ve go to be kidding me.
Think this can’t happen to you? We see articles like this one, click here, that companies or individuals are suing others for taking their ideas. What drives me nuts about the whole deal is the person that filed the patent had no intentions of doing anything with their idea; they just wanted to patent it!
What would be done? How could this have been avoided? Well first off my patent search must have gone in the wrong direction at some point. I really feel like I should have seen this. But hence I did not. This may be a good place to hire a patent lawyer. They will do an exhaustive search of the system to make sure that your idea, although yours had not been imagined by someone else.
After that you should be well on your way to realizing your idea! Do the homework and you won’t end up being used.
Filing and Settling Patent Infringement Cases
Patent infringement lawsuits deal directly with patent violations, the violation of an inventor’s right to exclusively market and profit from the novel and original idea. Filing one is costly, and in the United States, the governing body of patents and patent application determines what is unique and original enough to be considered novel.
The U.S. Patent Office does not deal with infringement. For this, a lawyer is necessary in order to file a infringement lawsuit. The filing of a patent infringement lawsuit means that you have successfully obtained rights from the U.S. Patent Office, and whether intentionally or accidentally, someone else has mimicked your patented invention and has begun to profit from it.
Since the U.S. Patent Office generally prefers that all patents are filed through a lawyer or agency, most inventors already have a lawyer. However, those who exercised their decision to file with the U.S. Patent Office via a patenting agency are going to need to acquire a lawyer, as agencies do not handle infringement lawsuits.
Filing a patent infringement lawsuit generally comes after a series of predetermined steps that allows the company or inventor who has created the violation the opportunity to cease production and marketing and return with a infringement settlement offer.
In some cases, the settlement offer is fair and the settlement offer is accepted. However, in most cases the settlement offer is what the company or inventor feels they can handle without presenting too much of a financial hardship on themselves and it really doesn’t reflect a fair offer. Thus, the lawyer will then file on your behalf a patent infringement lawsuit.
The U.S. Patent Office maintains a record of all active and expired patents, and their records are available to the public. If yours has been accepted by the U.S. Patent Office, your patent will be in a searchable database that anyone can search to discover whether their invention or enhancement will be in jeopardy of an infringement violation.
Obviously, in cases of patent infringement, the company or inventor did not adequately search the U.S. Patent Office’s database, or they decided that their invention was close enough to being different and decided to move forward with production. In many cases, violators have filed a request for a provisional patent or for a patent with the U.S. Patent Office and have not yet received a response. The damage caused by law violations is grounds for an infringement lawsuit.
Patent infringement lawsuits are actually on the rise. Lawyers receive a lot of business from those who have filed design patents with the U.S. Patent Office. International laws are quite different, and these laws require interpretation from a highly skilled lawyer.
However, there are laws which determine that foreign violations are illegal as well and an infringement lawsuit can be filed against a foreign patent law violator, provided the laws which were violated apply to international standards. These questions can only be adequately answered by a well informed patent lawyer.
Once an infringement lawsuit has been filed, the violator has the option of fighting the patent infringement lawsuit in court, or making another, more reasonable offer. If the infringement lawsuit ends up in front of a jury, the quality of your lawyer will make a significant difference in the outcome of the infringement lawsuit.
Patent infringement is basically theft of thought, and it is important that victims of violations stand up for their rights and are willing to file infringement lawsuits. This helps to keep the laws stable and accountable. Without lawyers and without infringement lawsuits, patent violations would carry no significant consequence, and thus what would be the motivation for adhering to them?
The U.S. Patent Office only grants patents to unique and original ideas that enhance or better advancement. They are very strict about their regulations, which is why the laws exist. Being the victim of a patent violation undermines the necessary and costly steps you took to protect your invention, and an infringement lawsuit is the only recourse available.
A well educated patent lawyer can help you every step of the way, from filing the initial patent, to understanding laws, to filing an infringement lawsuit. This is just one reason why lawyers are preferable to patenting agencies in the long run.
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.toppatentinfringementattorneys.com or http://www.toppatentinfringementlawyers.com or call 1-888-311-5522