Frequently Asked Questions
1. What type of patent do I need?
Answer: There are several types of patent applications and patents. Provisional patent applications are good for one year, and simply hold your place in line to file a nonprovisional patent application within that time period. Utility patent applications are used to protect any invention that serves a utilitarian purpose, including machines, chemical compounds, software, and methods of doing or accomplishing almost anything. Design patents protect only the way a stylish (or ornamental) design looks, such as sunglasses, shoes, a car, and the like. PCT patent applications are international patent applications, which can mature into patents in most of the countries of the world. See our patents page for more information.
2. How does the patent process work?
Answer: Patent applications are usually pending from the time they are filed until they actual issue for two to three years, but sometimes longer than this. Design patents are good for fourteen years. Utility patents are good for twenty years from the time they are filed (or the patent which they claim priority to was filed). Typically, after a patent application is filed, it is about eighteen months until the US Patent and Trademark Office (USPTO) examines the application to decide whether to issue it. Most applications (about 90%) get office actions, which are objections and rejections from the USPTO which your attorney will need to respond to. Attorney typically charge extra to respond to office actions from the USPTO.
3. How much do patents cost to prepare?
Answer: We typically charge $2,000 for a provisional, around $7,000 for a nonprovisional, and around $2,600 for a design patent. There may be additional costs for prosecuting the patent application after it is filed.
1. What type of trademark do I need?
Answer: There are several types of trademark applications, including stylized marks (which cover logos), word marks (which cover a name or phrase), and even sound marks (which cover a sound, like a truck beeping as it backs up). We can help you file whatever species of application you need. See our trademarks page for more information.
2. How does the trademark process work?
Answer: Trademark applications are usually pending from the time they are filed until they actual issue for about six months, but sometimes longer than this. Once a trademark issues, fees have to be paid every several years by the client to keep the trademark alive if the client is still using the mark. These fees must be paid by the client, and our office does not remind the client they should be paid nor does our office pay those fees. Most attorney charge a separate fee to prepare and file the trademark application, them more fees as the process goes on.
3. How much do trademarks cost?
Answer: We typically charge a one-time fee of $1,500 for the entire trademark process, which includes the filing fee. This fee is refundable if the trademark does not issue.
Domain Name Disputes
1. Can I take a domain someone else has registered?
Answer: Yes, and we handle these cases regularly. In short, if you can establish the individual who registered a domain name with knowledge of who you were, and that you had some kind of brand name in the domain, we may be able to take it from the registrant using either the UDRP or the ACPA. Please see our Domain Name Disputes page for more information.