How to Get a Patent: Frequently Asked Questions
Getting a patent is an involved and complex process, and one littered with many questions2 min read
Getting a patent is an involved and complex process, and one littered with many questions. What is patent infringement? Do I need a lawyer? What will the process cost me? How long does the process take? The legalities involved with the patent process can be difficult to navigate, especially if you’re unfamiliar with what a patent is and the kind of protections that it provides. This guide is meant to help answer some of the questions you may have regarding the patent process.
For those who are based in Chicago and are looking for counsel that understand local regulations, UpCounsel is an invaluable resource. Experienced attorneys in this network can provide assistance both during the application process and after it has been approved. Services are available one-time or for a longer period of time in order to put together an entire freelance legal department. From small businesses to Fortune 1000 companies, clients that have worked with UpCounsel have found quality legal services and many success stories. Within each attorney’s profile is detailed information regarding their qualifications, experience, ratings and reviews of past services.
What Is Patent Infringement?
Patent infringement occurs when someone copies or uses a patented invention without first obtaining authorization from the patent holder. A patent grants protection exclusive to its holder, both for the inventor’s “right of recluse” or exclusive entitlement to produce, make, use, license, and sell the invention, as well as exclusive entitlement to any revenue obtained from the transaction. Patent infringement can include making, selling, and using patented inventions or components thereof.
Do I Need a Lawyer?
Yes, the patent application process is complex and difficult to navigate. A lawyer will be able to guide you through the process and provide guidance and advice on how to structure the patent application. A patent lawyer will also be able to advise you on patents related to your product or service.
What Does the Process Cost?
The cost of filing a patent application varies considerably. Typically, companies and individual inventors can expect to pay anywhere from $5,000 to over $15,000 for the filing and associated legal fees. These costs vary depending on the complexity of the invention and the amount of research necessary.
How Long Does the Process Take?
Filing a patent application usually takes between 12 to 18 months.It typically takes between three and five years for the application to be approved and a patent issuance to occur. It may also take considerably longer if the proposed invention is complex or if issues arise during the prosecution process.
UpCounsel provides applicants the ability to quickly and easily search for experienced attorneys right from their website or application. With just a few clicks, you can access a varied pool of attorneys with experience in both small businesses and Fortune 500 companies alike. Best of all, you can review attorney profiles to get an accurate gauge of their expertise, including ratings and reviews of their most recent work.
Once you’ve found an attorney that suits your needs, you can easily communicate with them and move forward with your patent application.
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