Stevens Patent Law

Frequently asked questions

Patent Basics

  • Patent
    Protects new inventions, processes, or scientific creations. The owner has the exclusive right to make, use, or import the invention. 
     
  • Trademark
    Protects brands, logos, and slogans that identify a product or service. Trademarks can be renewed indefinitely if the mark is still in use. 
     
  • Copyright
    Protects original works of authorship, such as books, songs, paintings, films, and television shows. Copyright is an automatic right that applies to anything an author can claim ownership of. 
     
All three are types of intellectual property (IP) that encourage creativity by making it difficult for others to use inventions and creations without permission. 
What exactly is a patent and what rights does it give me?

A patent grants you exclusive rights to your invention for a limited time, preventing others from making, using, or selling it without your permission. In the US, utility patents last 20 years from the filing date and 15 years for design patents.

What types of innovations can be patented?
  • New processes, machines, compositions of matter, and manufactured items (Utility patents)
  • Original ornamental designs (Design patents)
  • New varieties of plants that can be reproduced asexually (Plant patents)
What are the requirements for patentability?
  • Novel (new and not previously disclosed)
  • Non-obvious (not apparent to someone skilled in that field)
  • Useful (has practical application)
  • Patent-eligible subject matter (not abstract ideas, laws of nature, or natural phenomena)
What's the difference between a utility and design patent?

Design patents protect the ornamental appearance of an item, while utility patents protect how something works. Utility patents are generally more valuable but also more complex and expensive to obtain.

  • Utility patents protect how something works or is used
  • Design patents protect how something looks
  • Utility patents last 20 years from filing, while design patents last 15 years from grant
  • Utility patents require regular maintenance fees; design patents don’t
What is a non-provisional patent application?

A provisional application establishes a filing date, a “patent pending” status, and gives you 12 months to file a non-provisional utility application. It’s like a placeholder, while a non-provisional is the “real” patent application that can mature into a granted patent.

What's the difference between broad and narrow patent protection?

Broad protection covers various versions of your invention and is harder for competitors to design around. Cheap patent services often result in narrow protection that competitors can easily avoid.

What if I improve my invention after filing?

New improvements may require a new patent application. A good patent firm can help structure your initial application to cover reasonable variations.

Protections and Rights

What's the difference between filing domestically vs. internationally?

Domestic (U.S.):

  • Single application covers entire U.S.
  • More straightforward process
  • Generally lower cost

International:

  • Must file in each desired country
  • Can use Patent Cooperation Treaty (PCT) for simplified filing
  • Higher costs due to translation and local requirements
  • Time-sensitive deadlines based on first filing date
Do I need international patent protection?

It depends on your market. Remember that US patents only protect you in the US. International protection requires separate filings in other countries.

Can I sell my invention while the patent is pending?

Yes, but you must file your application within one year of your first public disclosure, sale, or offer for sale. However, you’ll lose patent rights in many foreign countries if you disclose before filing.

What happens if someone infringes my patent?

You’ll need to enforce your rights through litigation. This is another reason why having a well-written patent is crucial – weak patents are harder and more expensive to enforce. We do not work in litigation but we can make some recommendations.

Services Offered

What types of services do you offer?

Patent Services

  • Patentability Searches: Conducting a global search to determine the patentability of an invention—delivering a comprehensive analytical report at the end.
  • Patent Application Preparation: Drafting, illustrating, and preparing patent applications for filing with the patent office.
  • Patent Application Filing: Reviewing and filing patent applications with the United States Patent and Trademark Office (USPTO) or international patent offices.
  • Patent Prosecution: Responding to office actions, drafting amendments and arguments to advance patent applications through the examination process.
  • Patent Maintenance: Paying maintenance fees, monitoring patent office communications, and updating patent records.

 

USPTO Proceedings

  • Ex Parte Reexamination: Requesting reexamination of issued patents.
  • Inter Partes Review (IPR): Challenging patent validity through IPR proceedings.
  • Post-Grant Review (PGR): Reviewing patent validity post-grant.
  • Patent Interferences: Resolving disputes over patent priority.
  • Derivation Proceedings: Resolving disputes over inventorship.
  • Ex Parte and Inter Partes Reexamination Proceedings: Challenging patent validity through reexamination.

 

Strategy and Counseling

  • Patent Portfolio Management: Strategically developing and managing patent portfolios to achieve business objectives.
  • Patent Strategy and Counseling: Advising clients on innovation gaps in the market and threading-the-needle in crowded domains.
  • Invention Disclosure and Review: Reviewing invention disclosures to determine potential patentability and strategic value.
  • Educational and Support Services
  • Patent Education and Training: Educating clients on patent law, practice and strategy.
  • Innovation Support: Facilitating innovation through workshops, brainstorming sessions and invention capture.
What types of patent applications do you handle?

Types of Patent Applications and Services

  1. Provisional Patents
    • Temporarily securing patent rights for 12 months before converting to a utility patent application.
  2. Utility Patents
    • Protecting novel, non-obvious and useful inventions, including software and methods.
  3. Design Patents
    • Protecting the visual and aesthetic aspects of inventions.
  4. Plant Patents
    • Covering asexually reproduced plants, excluding tuber-propagated plants.
  5. Continuation Patents
    • Allowing for further examination and expansion of patent claims from an existing application.
  6. Continuation-in-Part (CIP) Patents
    • Expanding on existing patent applications with new matter.
  7. Divisional Patents
    • Splitting a parent application into multiple applications covering distinct inventions.
  8. International Patents (PCT)
    • Filing international patent applications under the Patent Cooperation Treaty or Unitary Patent System.
  9. Hague International Design Applications
    • Seeking design patent protection in multiple countries with a single application.
  10. Reissue Patents
    • Updating patents to reflect changes in scope or address errors.
What types of services don't you offer?
  • Patent litigation
  • Trademark services
  • Copyright services.

Working with our Firm

What industries/technologies do you specialize in?

Our practitioners can draft almost anything however, we do specialize advanced physics,  electronics, and software/AI.

If we do not feel qualified to take on a case, we will decline in the best interest of our clients. Some of the fields we have represented are:

  • Artificial Intelligence/Machine Learning
  • Blockchain
  • Cybersecurity
  • Aerospace
  • Smart Phone Technologies
  • Electric Vehicles and Accessories
  • Information Technology
  • Data Compression
  • Laboratory Equipment
  • Internet of Things (IoT)
  • Medical Devices
  • Artificial Reality/Virtual Reality
  • Smart Wearables
  • Point-of-Sale Systems
  • Call Center Software
  • Video Game Peripherals
  • Airport Systems
  • Food Delivery Software and Devices
  • Embedded Systems
  • Sports Equipment
  • Tools
  • Adult Novelty Toys
  • Telecommunications
  • Pharmacokinetics
What's your typical process for new clients?

Before we take on any clients, we like to start with a video call, phone call, or an in-person meeting where we can discuss your invention, your goals, and answer your questions.

Then have a very simple web-based process to sign the contract and collect any information we will need to represent you and your inventions.

What's the best way to prepare for our first meeting?

Be prepared to discuss

  • Your invention: its features, functionality, and development stage.
  • Parties involved: collaborators, partners, or potential licensees.
  • Personal and business goals: objectives, target markets, and strategies.

Consider bringing:

  • Invention diagrams or prototypes
  • Relevant patent documents
  • Questions or concerns

No. We specialize in only the prosecution of patents.

How do you bill for services?

We prefer to bill upfront and hold the funds in escrow until the work is satisfactorily completed. However, you can select from flat-fee packages, competitive hourly rates, and flexible payment plans. Whatever works for you, we are here to help.

How do you handle confidentiality?
Patent professionals have a duty to maintain client confidentiality. This duty is governed by federal and state laws, regulations and ethical rules.

Filing Process

When should I file a patent application?

The U.S. is a “first-to-file” system. Additionally, public disclosures start a one-year deadline to file and international rights require filing before any public disclosure. The earlier you can get a filing date, the stronger protection against competitors you will have.

What is a provisional patent application?
  • A simplified initial filing that establishes a priority date
  • Gives you 12 months to file a full non-provisional application
  • Allows use of “patent pending” status
  • Less formal requirements than regular applications
  • Doesn’t get examined or become a patent on its own
Should I file a provisional application first?

It depends on your situation. While a provisional is cheaper initially, it must be well-written to be valuable. A poorly written provisional can doom your later non-provisional application.

How long does the patent application process take?
  • Utility patents typically take 2-3 years from filing to grant
  • Design patents usually take 12-18 months
  • Expedited examination is available for additional fees
  • Timeline varies by technology field and application complexity

Having an experienced practitioner can help avoid unnecessary delays from USPTO rejections.

What documentation do I need to provide to you?

We have an online disclosure form to collect most information. Otherwise it’s a good idea to email us:

  • Drawings or diagrams
  • Pictures or videos of the invention
  • Any written descriptions
  • Any public information such as websites, white papers, etc.
Do I need a working prototype before filing?

No, but you must be able to describe your invention in enough detail that someone skilled in the field could make and use it.

Budgeting, Startup, and Business

How much does patenting typically cost?

Costs vary widely based on:

  • Technology complexity
  • Type of patent
  • Geographic coverage needed
  • Search and examination fees
  • Professional fees

Typical ranges (including all fees):

  • Provisional: $500-$8,000
  • U.S. Utility: $3,000-$25,000+
  • Design: $1,000-$5,000
  • International: $30,000-$100,000+
How do I maintain my patent once granted?

Utility patents require maintenance fees at 3.5, 7.5, and 11.5 years after grant to keep the patent in force. Factor these costs into your budget planning.

Can I get investment while my patent is pending?

Yes, many investors are interested in “patent pending” inventions, but they’ll often want to see that you’ve worked with a reputable patent practitioner to ensure the patent will be valuable when granted.

I found an attorney offering patents for $1,000 or less. Is this a good deal?

Be extremely cautious of unusually low fees. These often result in narrow patent protection or applications that won’t withstand USPTO scrutiny. Remember: a poorly written patent is worse than no patent at all, as you’ve disclosed your invention without gaining meaningful protection.

Can't I just file the patent application myself to save money?

While legally possible, representing yourself (going “pro se”) in patent matters is extremely risky. Even small mistakes in wording can make your patent unenforceable or severely limit its scope. We do offer pro se assistance if truly desired.

How can I afford good patent protection on a tight budget?

Many reputable attorneys offer payment plans or can help prioritize what to protect first. It’s better to have one well-written patent than multiple weak ones. Some also offer initial consultations to help you plan your strategy.

What makes a good patent practitioner worth the investment?

A skilled patent practitioner helps craft broad protection, anticipates future market developments, handles USPTO objections, and ensures your patent will hold up if challenged. They’re trained in both technical fields and law, offering expertise you can’t get elsewhere.

How do I know a patent practitioner is qualified?

Look for registration with the USPTO—ours is #80,375. Both patent attorneys and patent agents must pass the same rigorous patent bar exam and maintain active registration. Both are qualified to handle USPTO filings and proceedings. Be wary of non-registered persons or invention promotion companies.

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