Types of U.S. Patents

In the United States, there are three different types of patent grants: (1) a utility patent; (2) a design patent; and (3) a plant patent.

A utility patent may be granted for the invention or discovery of any new and useful process, machine, article of manufacture or chemical composition, or for any new and useful improvement of such.

A design patent may be granted for a new ornamental design for an article of manufacture, so long as the design is not dictated by functional considerations.

Because a utility patent protects the way an invention works and a design patent protects the way an invention looks, it is entirely possible that both a utility and design patent may be obtained on the same invention.

Finally, a plant patent may be granted for the invention or discovery and asexual reproduction of a distinct, new plant other than a tuber or a plant found in the wild. Means of asexual reproduction include cuttings, layering, budding, and grafting but do not include growth from a seed.

Obtaining a U.S. Patent

Our current fee for preparing a U.S. non-provisional patent application is $4,500 not including the actual filing fees payable to the U.S. Patent Office. The U.S. patent process is currently taking up to three years or more for the application to work its way through the USPTO.

There are other options we can discuss relating to, at one extreme, deferring a portion of these costs for up to a year by filing a U.S. provisional patent application at a cost of about $2,500 and, at the other extreme, proceeding directly to an international patent application at even greater cost if protection outside of the U.S. is important to you, all depending, of course, on your priorities and budget. Our role will be to explain the process and costs for each of your options so that you can make informed decisions.

We realize that the cost and time-frame of obtaining a patent may sound daunting, but our fees are actually on the low end of what you'll find out there. And if any idea you have is truly unique and marketable, then your costs in obtaining patent protection should be money well spent.

So, if you are interested in pursuing patent protection on your invention, or simply would like more information, we invite you to call 949-250-5800 or email us to schedule your FREE initial consultation, during which we can explain the patent process to you in more detail and answer any follow-up questions that you may have.

In the meantime, we caution you not to make any disclosure of your invention without first consulting an attorney. If you have already publicly disclosed or sold your invention, please be aware that the U.S. patent laws require that any patent application on the invention be filed within one year of such public disclosure or all patent rights could be forfeited. Even this one year grace period is not available outside the U.S., where your earliest filing date must predate any public disclosure anywhere in the world. You should contact us or another attorney as soon as possible if you have any questions or concerns about these issues.