Filing a patent What – Why – How – Who

WHAT can be patented? New and Useful Process, Machine, Method, Composition, Design Not phrases, slogans, symbols, logos (trademark) Not text, art, video (copyright) Not natural substances or phenomena

Patent Search Attorney or Google Search the text of your Claims in Google Patent Reference similar patents in your application

Provisional Provisional Placeholder that starts patent protection. No specific format. Could be your thesis. Lasts for one year Nonprovisional Full filing. Strict formatting requirements. Lasts 20 years

WHY get one? Pros Exclusive rights Resume Cons Public 20 year limit $$ Patent/Trade secret

WHAT does it cost? $130 for Provisional Patent Application $800 – 1300 for Nonprovisional Patent Application Attorney? Patent search? Professional Drawings? $400 non-electronic filing fee.

Attorney Fees Courtesy of ipwatchdog.com

Filing Fees Application Filing Fees Large Entity Small Entity Micro Entity Provisional Filing Fee $260 $130 $65 Utility Filing Fee (Non-Provisional) $1,600 $730 $400 Design Filing Fee $760 $380 $190 Reissue Filing Fee $3,040 $1,520 $760 Small entity must have fewer than 500 employees or be non-profit, Micro entity can be connected to an institution of higher learning, or earn less than $170k per year.

More Filing Fees Additional Filing Fees Large Entity Small Entity Micro Entity Claims in Excess of 20 (Per Extra Claim) $80 $40 $20 Independent Claims in Excess of 3 $420 $210 $105 Petition to Make Special $140 $70 $35 Accelerated Examination $140 $70 $35 Prioritized Examination $4,000 $2,000 $1,000 Publication Fee - Early, Voluntary or Normal $300 $300 $300 Other Publication Processing Fee $130 $130 $130 Surcharge for Late Filing of Fee or Oath $140 $70 $35

Filing Fees Patent Issue Fees Large Entity Small Entity Micro Entity Utility Issue Fee $960 $480 $240 Design Issue Fee $560 $280 $140 Reissue Issue Fee $960 $480 $240 Patent Maintenance Fees (If Timely Paid). 1st Maintenance Fee (3.5 Years) $1,600 $800 $400 2nd Maintenance Fee (7.5 Years) $3,600 $1,800 $900 3rd Maintenance Fee (11.5 Years) $7,400 $3,700 $1,850

HOW to pay for it U of A can help you file and will pay for it Your company The person who pays for it usually owns the rights to it Inventor ≠ Owner (Assignee)

Patent Contents Background of the Invention Brief Summary of the Invention Brief Description of the Drawings Detailed Description of the Invention Claim or Claims

HOW to Write Your Claims Specific enough to differentiate from prior art. Inclusive enough to cover multiple embodiments of the concept.

Text Format Requirements Strict requirements Numbered paragraphs

Drawing Format Requirements Simple line drawings that can be easily photographed Line weights Shading Not Technical Drawings Black and white (unless color is part of the innovation) Light rays shown with dashed lines where dash length can indicate frequency of light.

WHO are Inventors? Patents are different than journal articles! “An inventor must have contributed to the conception of the invention and to at least one claim on the issued patent.” Name order does not matter.