A: This is a bit of a myth when in reference to a well-drafted utility patent. Patents protect ideas and concepts and, as such, are designed to broadly encompass various modifications of an invention. Part of the purpose behind hiring an experienced patent attorney is to ensure that you achieve broadly drafted claims, enabling you as wide a scope of coverage as possible. If your patent flies through the USPTO process with no office actions, this may mean that your claims are too narrowly drafted and you could have been entitled to a broader scope. Example: “A tubular object for flying through the air” is an exceedingly broad claim that, were it able to be granted (which it wouldn’t) would be worth a great deal of money. Achieving a granted claim this broad would exclude the majority of competitors with any type of airplane. On the other hand, a narrowly drafted claim that details every feature of the invention plane will be easily pushed through the patenting process but may lack real value at the end, primarily because others can “tweak” the invention and obtain their own patents.

A: Utility patents can range from $2500 for a provisional up to $10,000 and more to draft, file and prosecute a non-provisional application. Design patents are typically in the $1500 range. Utility patents can take 2-5 years to be granted, although you will have “patent pending” status during that time, enabling you to make, use and sell your invention, provided you are not infringing on the patent rights of others. Because patents are expensive and time consuming to achieve, it is not a decision to enter into lightly. Prior art searches are recommended, as well as feasibility studies.

A: Receiving a non final or final office action on a patent or trademark application is not the end! We can often overcome these rejections and help you obtain a granted patent or trademark.