On the application you will be asked numerous questions. Some may be expected; others will not. You will be asked the title of your invention, so if you don’t have one you might want to think one up. You will need to provide information on any related patents you may have applied for or are considering applying for. The patent examiner will probably ask you for a statement regarding any federally sponsored research or other research data you may have.

The background of your invention will be asked about on the application and likely by the patent examiner. This should include what kind of problem you want to solve and the market your invention is intended toward. Also, if you didn’t include any drawings of the invention with the patent application, you will be asked for them at a later date.

There’s a slight difference in the questions and information asked for on the Design patent, but mostly they will be similar to the utility patent described in the previous paragraphs. With a design patent you be asked to provide a “feature description.” This is basically a written description of the invention that should be geared toward things not easily seen in the drawings or pictures. Also a design patent application will ask you for a single claim. A claim is a statement on what you want to protect in the patent, this is very important and you will be asked for clarification on it several times.

With a plant patent application again many of the questions asked of you will be similar with a few variations. Instead of asking for a description of the item’s function you’ll be asked for a complete description of your plant and exactly how it’s distinctive to other known plants. Although it’s asked for on the application, expect the patent examiner to ask as well. In addition to a common title you’ll be asked for the Latin name of the plant including the genus and species. If it’s not detailed in the patent application, you will be asked for all of the possible variations within your plant species.

These are the most common questions that you will need the answers to during the patent application process. Obviously there may be a curveball thrown at you here and there but this is a good place to start. With any luck this will speed you on your way to having a patented invention.

A good patent lawyer should be able to figure out your invention, what it is, how it works, and whom it is intended for.  They should also be able to take all of that detailed information and put it into the application, this is vital to having a successful patent filing.  They should make sure that your invention has broad application, but not overly broad.  A good patent lawyer should file your application in anticipation of having to win future litigation for infringement.  Most importantly they should be able to take a rejected application and know what changes to make to get it approved in the future.

You can find a good patent lawyer in almost any place you can find another lawyer.  But look specifically in trade magazines or journals.  Look for advertisements about patent lawyers and call around to see what they offer.  The Internet is a great resource and you can try searching there.  And of course you can never go wrong with your local business pages.  But by and large the best way to find a patent lawyer is through word of mouth.  Talk to other inventor friends of yours and their families and see whom they worked with or whom they might recommend.

Decide whether you want to work with a patent lawyer or patent “agent.”  Both must take the same tests and have the same qualifications but only a patent lawyer can help you with legal action or a court case for infringement.  Call around to a bunch of firms and ask some questions.  Ask if the firm provides any free consultation time, many do and you should take advantage.  Make a consultation appointment and find out about their fees and billing terms.  Find out exactly what you’ll be getting for that fee.  Also it’s a good idea to ask about the patent lawyer’s experience and competence in legal matters.

With just a few questions and a little time you will find a fantastic patent lawyer.  A patent lawyer who will guide you through the patent application process and any ensuing problems.  Once you’ve gone through all your potentials, narrow your choice down to two or three.  Call all the firms back and schedule another appointment.  After meeting everyone twice you should be ready to make the best decision.

You absolutely must pay a filing fee, search fees and examination fees.  These fees are due at the time of filing and are non-refundable.  Other fees may apply as the process continues.  The patent filing fee varies in price based on the type of patent you’re applying for.  Filing a Utility patent is currently $330.00.  Design patent fees are $220 and Plant patent fees are the same.  If you qualify as a “small entity” however you can get a reduction in these fees of almost half.  A small entity is defined as an individual inventor, small business or non-profit organization.

Examination fees are also based upon the type of patent and range from $140.00-$220.00.  This is basically what you’re paying to have your patent application looked at by a patent examiner.  This is a long process and if it takes long enough that your patent must be re-filed, there is a reissue examination fee of $650.00.  Having to re-file a patent isn’t very common so this fee shouldn’t concern you too much but know that it is a possibility.

The search fee is what you pay to have the patent examiner look through all current and pending patents and make sure that yours is unique.  This process takes many hours and could take months to complete.  Those fees vary upon type between $100.00-$540.00.  The reissue search fee is at the top end of that spectrum, but again unlikely to be applicable.

Other miscellaneous fees may or may not apply to your patent application, but the three above will be charged no matter what so they are the most helpful to know.  There are also a host of fees to consider once the patent is issued or if it is denied.  The US Patent and Trademark Office accepts payment in the form of check, cashier’s check, money order, credit card, and electronic funds transfer.

In the event you overpay on fees you can receive a refund for the difference.  This is less likely to happen with a patent lawyer, as they know these fees very well, but helpful to know anyway.  Requests for a refund must be filed with the patent office within two years from the date the fee was paid.  There is an exception if you filed as a small entity, then you must file within three months.  Refunds generally take between 4-6 weeks to receive.

Keep in mind the fee for a patent lawyer will vary quite a bit depending on the current market for such work and the patent lawyer’s level of experience.  In 2001 the national average was about $250.00 per hour.  The basic range was between about $200.00 and $300.00 per hour.  Big cities, especially Boston and New York City, tend to be more expensive than the rest of the country.  In addition the top two highest priced states were California and Texas.

Also remember that this average was very low because it took into account not only patent lawyers but their agents as well.  So it added in the fees that the assistants were charging for their services.  That drives the price range down.  To get a highly experienced and licensed patent lawyer, with a reputable firm, expect to pay a premium price.  For that experience the average price would be around $300-$400.00.  Sometimes up to $500.00 is possible with the most experienced patent lawyers.

Don’t be afraid to do a little price shopping.  Also, try calling a few law firms that are not strictly filled with patent lawyers.  You may find that someone who is not traditional concerned with this market can offer you a price break for handling the filing of your patent.  It is almost impossible to estimate the amount of hours it will take to get the patent application filed, as this is very dependent on the invention itself.

If you hire a patent lawyer to do all the work for you, it should be expected that they do the patent search for you.  They may suggest at some point to get an outside professional source to do a second patent search, and this will be for an additional fee.   After these searches are done the patent lawyer should either verbally or in writing give you their professional opinion on the patentability of your invention.

After the patentability discussion it is up to you to give the patent lawyer the go-ahead to continue.  You must decide if your invention is worth the considerable expense of the application.  If it is, the patent lawyer will file the application for the patent.  This will also include any follow-up needed on the application.  With all of this information it’s up to you to decide if you want a patent lawyer.  Notably the stress and strain can be significantly reduced by doing so, but is by no means a necessity