Lebanon Patent Attorneys & Lawyers

What Is a Patent Claim?

A patent claim is the part of your patent application, typically for utility patents, that explains what it is you are trying to protect. 

Patent Claim Construction: What is it?

If you have to accuse a person or company of stealing your idea, you will need to prove there has been patent infringement. This process has two steps:

• There is the patent claim, which explains the product's use and makeup.

• There is the infringement analysis, which determines whether or not the claim has been violated.

This means you can't determine the second part (and win the case) without having a strong claim.

In most patent courts, the judges (or the juries) are told to focus more on written evidence than physical

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Key Takeaways

• Utility patents protect functional aspects (how something works); design patents protect appearance (how something looks).
• Utility patents are more expensive, harder to get, but offer broader protection and greater commercial value.
• Design patents are quicker to obtain, more cost-effective, and particularly valuable in industries focused on product aesthetics.
• You can apply for both patent types for the same invention if both form and function are unique.
• Patent infringement litigation and enforcement differ significantly between utility and design patents.
• Strategic timing, industry, and end goals influence which patent (or combination) to file.

A utility patent vs. a design patent may have inventors wondering which one is best for their invention. Utility patents and design patents differ because utility patents cover unique ideas or inventions, but design paten

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Key Takeaways

• Utility patent costs can range from $6,000 to over $15,000, depending on complexity.
• USPTO fees include application, search, examination, and maintenance, with discounts for micro and small entities.
• Attorney fees vary by invention type and complexity; flat-fee and capped-fee options may be available.
• Provisional patent filings are cheaper upfront and offer “patent pending” status for a year.
• Costs can be reduced by filing electronically, performing your own patent search, or starting with a provisional application.

The utility patent cost includes a $540 patent search fee, a $220 examination fee, a $330 application filing fee, and possibly a patent lawyer's legal fees which can exceed $10,000. The utility patent lasts 20 years from the date of the original application filing and includes maintenance fees that are billed every few years as follows:

• 3.5 years - $980
• 7.5 years - $2,580

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Key Takeaways

• A Notice of Allowance (NOA) signals that the USPTO has approved a patent or trademark application for issuance or registration.
• For patents, this notice includes instructions for submitting final drawings and paying the issue fee within three months.
• For trademarks, applicants must file a Statement of Use (SOU) or request an extension within six months, or the application will be abandoned.
• The NOA does not guarantee registration—the applicant must complete post-allowance formalities.
• You can defer patent issuance under limited circumstances and must file continuation or divisional applications before the original patent issues.
• Deadlines are strict; failing to respond on time may require a revival petition and additional fees.

What is a Notice of Allowance?

A Notice of Allowance is a document sent to a patent applicant from the United States Patent and

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