|Non-Provisional Utility Patent Application
A Non-Provisional Utility Application is the traditional application to protect how your invention works or is made. Once filed, you are able to mark your product as “Patent Pending” and the wheels toward obtaining your patent begin.
A Non-Provisional Utility Application is a complete application as it includes the claims. Provisional applications generally do not include claims. The claims are the most important portion of an application as they form the basis of what your patent will protect. For example, when you sue someone for patent infringement, you will read a claim in your patent and see if each element of that claim is found in the infringing device. If each element is met, that product or process likely infringes your patent. Because claims are so important, potential manufacturers or licensees generally prefer to see a Non-Provisional Application pending rather than a Provisional Application. Therefore, a Non-Provisional Application is a good way to go if you want to file a complete application and use it as a tool to generate interest in your invention from potential manufacturers or licensees.
When compared to filing a Provisional Application, filing a Non-Provisional at the onset generally results in an application process that is less expense overall. This is because when you file a Non-Provisional Application, you have avoided the fees associated with filing the Provisional Application. Filing a Non-Provisional Application at the onset will generally save you between $500 and $1000 in application drafting fees when you compare it to initially filing a Provisional Application and then having to convert it to a Non-Provisional Application.
Also, when compared to initially filing a Provisional Application, filing a non-provisional at the onset generally allows you to obtain your patent faster. When you file a Non-Provisional Application it goes straight into the process of patent examination at the US Patent and Trademark Office. By contrast, when you file a Provisional Application, it basically sits on a shelf and the process only really starts when it is converted to a Non-Provisional Application.
Price Range for Complete Preparation and Filing: $3000 - $6000. This price includes the government filing fee and the required drawings.
The place to start with any type of patent application endeavor is a Patent Search.
A Patent Search is important for at least two reasons:
The fee to conduct a Patent Search for a Non-Provisional Patent Application is $1000. However, if you elect to pursue the patent application after reviewing the search results, we will credit half of this fee to the application drafting fees. So the net cost for the benefits described above is just $500.
- A Patent Search results in a stronger patent.
A search allows the practitioner to gain the information required to draft the application according to the Patent Drafting Strategy we utilize to ensure the broadest protection possible for your invention.
- A Patent Search will save you time and money.
This is important because before you spend any money toward the application process, you should determine if protection is in fact available. Plus, it allows us to draft an application that we believe is allowable in light of the search results, which cuts down on the time and money required to prosecute your application toward a patent.
What is a Non-Provisional Patent Application?
As described more fully in the Overview section above, a Non-Provisional Application is a traditional application that leads to the issuance of a Utility Patent.
What does a Non-Provisional Patent Application Protect?
A Non-Provisional Application leads directly to obtaining a Utility Patent. A utility patent provides an enforceable legal right to prevent others from exploiting the way your invention is made or works.
How long does a Utility Patent last?
A Utility Patent has a term of approximately 17-18 years from the issue date.