Patent, Trademark & Copyright FAQs

How much does it cost?

When you think about how much filing your patent, trademark or copyright is going to cost you, it is important to break the cost down into its constituent parts, that is, government fees and your legal (attorney services) fees.  Each patent, trademark and copyright application is different, based upon its complexity; however, each application has government filing fees and legal services, which will total into the cost factor. 

Attorneys typically charge by the hour, and there can be a considerable amount of time required to prepare and file the application, review the examiner’s objections, and file responses and amendments.

An average mechanical search would cost $1000. A design patent application might be about $1500. A provisional utility application might be perhaps $2500. A utility patent application might be $6000 in attorney’s fees plus extra costs for drawings and PTO fees, for a grand total of $7000. Prosecution with the examiner after filing would be extra at our normal hourly rates.

How long does it take to obtain a patent?

How long does it take to file, prosecute and obtain a U.S. Letters Patent?  The time to obtain a patent varies, but typically can take anywhere from 2 to 5 years.  The reason it takes longer for some patents has to do with the complexity of the subject matter, backlog of work in the particular work center, examiner objections received, number of responses filed, and if based upon a prior foreign filing, a lengthy initial review by the Group Art Unit, before being forwarded to the Examiner in charge for examination.

Can I file an international patent?

No, you cannot, for the simple fact that there is no such thing as an “international patent.”  What you can do, though, is file your application for patent making use of the Patent Treaty Cooperation (PCT).  Thus, a uniform PCT application can be prepared and simultaneously filed for patent in any or all participating countries. After initial processing by a Receiving Country, such as the USA, the application can then be examined within any of the many countries involved in the PCT, under the patent laws of each of those countries.

Do I have to register my trademark?

No, you are not legally bound to register your trademark, but obtaining a federal trademark registration comes with certain advantages, such as placing your mark on a register wherein the Patent and Trademark Office examines subsequently filed marks by others for similarity with yours, giving notice to others of your legal ownership of the mark and giving you the ability to make exclusive use of that mark in conjunction with your products or services.

Can my trademark be refused even if someone does not already own it?

Yes, it can.  The U.S. Patent and Trademark Office can and often does exercise their own discretion in determining grounds for refusing to issue trademarks.  Typical reasons your application can be refused include submitting trademarks that are generic, obscene, make false statements of origin or too closely resemble another trademark.

Do immediate family members inherit copyrights?

Typically, immediate family members do inherit copyrights on various works that their loved one created in his/her lifetime.  The extent of those copyright rights however may be contingent and subject to whatever copyright arrangements the deceased made in his/her lifetime, such as an exclusive license or an assignment. Family members cannot expect to inherit copyrights that were previously sold.