• What is a patent?
• What are the different types of patents?
• Why should my company (or I) apply for a patent?
• What is the process for obtaining a patent?
• How much does it cost to obtain a patent?
• Why should I retain the Law Office of Steven R. Olsen, PLLC?

 

What is a patent?

 

A U.S. patent is a legal monopoly that excludes others from making, using, offering to sell, selling, or importing the patented invention during the proscribed term. Patent terms in the U.S. are typically twenty years from the date the application is first filed (utility) or fourteen years from issuance (design). With very few exceptions, a U.S. patent has no effect outside of the country. Patent rights can be sold outright. A patent holder can also grant a license to persons or entities who desire to offer product or services that embody the invention, typically in exchange for royalty fees.

 

What are the different types of patents?

 

The three primary types of patents in the U.S. are design patents, utility patents, and plant patents. The Law Office of Steven R. Olsen, PLLC is focused primarily on obtaining utility patents for its clients. Utility patents can be issued on any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof.

 

Why should my company (or I) apply for a patent?

 

Entities and individuals pursue patents for a variety of reasons. Chief among them is to block, or at least slow, marketplace competition. Venture Capitalists (VCs) are often more willing to invest in entities that have protected their products with patents. Some marketing experts believe that consumers perceive an enhanced value in patented products and services. Universities and so-called non-practicing entities (NPE's) build patent portfolios for their inherent value, i.e., to sell or license the patented technology. Cross-licensing patents can be an efficient way to settle costly infringement disputes; for this reason, many companies with products or services in an active patent area build "defensive" patent portfolios.

 

What is the process for obtaining a patent?

 

As a threshold matter, an investigation should be undertaken to determine that the invention is generally the type of subject matter that can be patented, and that there are no actions or inactions that would preclude patenting. In most cases, it is also prudent to conduct at least a preliminary search of the prior art (including issued patents, published patent applications, and non-patent literature) to assess novelty and non-obviousness.

 

Once these preliminary matters have been completed, a nonprovisional utility patent application can typically be prepared, reviewed by the inventor(s), revised, and filed, in a matter of weeks.
There are many possible variations on the above application process. For example, the first filing can be a provisional patent application (which can never ripen into an issued patent absent conversion to a nonprovisional patent application), or a patent application can first be filed as an international application before entry into the U.S. national stage.

 

The U.S. Patent and Trademark Office (USPTO) will publish the patent application in approx. eighteen months after filing, unless such publication is waived by the applicant. Due to current patent application backlog, the USPTO will not typically examine the substance of a patent application for at least two years from the filing date (and often much longer). In a majority of cases, the USPTO Examiner will reject some or all inventive claims in a first Office Action. The applicant, usually through their agent or attorney, will then amend the application and/or argue its merits in response to the Office Action. There may be many such prosecution cycles (spanning months or years) before the patent application is finally issued, abandoned, or appealed.

 

During pendency (i.e., after filing and before issuance or abandonment), an applicant may use "patent pending," "patent applied for," or similar language in connection with its goods and services that embody the claimed invention. Under certain circumstances, a patent holder may be able to later recover damages for patent infringement that occurred during pendency.

 

How much does it cost to obtain a patent?

 

The total cost to obtain a patent is extremely variable. Factors include the complexity and scope of the invention, the applicant's small/large entity status, the attorney or agent fee structure, and prosecution success. We invite you to Contact Mr. Olsen to discuss.

 

Why should I retain the Law Office of Steven R. Olsen, PLLC?

 

First, Mr. Olsen is an experienced patent attorney, rather than a patent agent. He uses knowledge gained from coursework in law school and his patent litigation experience to inform his patent application drafting and prosecution services. Second, Mr. Olsen has extensive industry experience that contributes to his broad technical base and business acumen. Finally, the Law Office of Steven R. Olsen, PLLC offers its searching, patent application drafting, and prosecution services on a fixed fee basis, allowing clients to more easily manage their legal expenses.