Michael J. Foycik Jr., Esq.

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For a simple utility application

What is this?
This is a UTILITY PATENT APPLICATION, and gives patent pending protection, and it can also mature into an issued patent after examination by the US Patent Office. While pending, you can market, sell, and distribute your invention.

What does the “simple” part mean?
A simple utility patent application would have one or two figures of drawings. It would be fairly easy to illustrate and describe. Alternatively, if the inventor provides good drawings or sketches, and a clear explanation of the invention, then up to 3 or 4 drawing figures would still be considered a “simple“ application.

Why would I want it?
You would want this before showing it to competitors, and so you can show it at trade shows, and offer to sell or license it to corporations. It is the highest level of protection possible. It even gives a period of time (one year) in which to file for foreign patent applications, if desired. Most importantly, it prevents your competitors from simply copying your idea and patenting it themselves!

Do I need to wait for an actual patent before marketing and selling my invention?
No! Once you file the patent application, there is no need to wait! The filing of the Utility patent application secures your rights against later copying and other imitators. But, it does not protect you if you are infringing the patent rights of another, so it is advisable - but not necessary - to have a patent search done beforehand. The Utility patent application helps attract investors, impress potential customers, and is very important if the invention looks profitable or successful.

What are the other costs and government fees?
The US Patent Office charges a government fee, found on the government web site www.uspto.gov. There are a variety of types of charges, but you should expect a government filing fee of $540 for a full utility patent application. The application can be filed with informal drawings, and sometime the US Patent Office accepts those. More often, they will require “formal” drawings which we can obtain at a cost of about $110 per sheet, with up to two figures per sheet being usual. We do not charge for photocopying, mailing, or other charges. We are happy to look at the invention materials on a confidential basis, and will give you a fixed price estimate, at no charge or obligation.

I want to proceed! What do I do?
To proceed, you would need only to (a) send the disclosure for a free confidential review, (b) if you are happy with the estimate, send a check for one half the amount ($645) and we will prepare the draft patent application and send it to you. You can make revisions and changes, and we will send a revised version. We want you to be happy with your patent application! (c) When happy with the draft, you can sign the inventorship Declaration form (required by the US Patent Office) and send it to us for filing, together with the balance due of the service fee ($645) and a check for the government filing fee of $540 made payable to “Commissioner for Patents.” We take it from there!

And, you get can free advice on the likelihood of success, an idea of typical manufacturing costs, and how to make, market and sell your invention. This can be done in a short phone call, up to one hour of friendly, helpful advice!

If you need or would like more extensive business/invention coaching, we can offer that too, at an additional charge. See our business center section for details!

What happens after the Utility Patent Application is filed with the US Patent Office?
The pending patent application is examined, responses or amendments might be filed, and the patent may issue. These are discussed in greater detail in other sections under the headings “patent” and also “patent application.” Some of these items may incur further costs, such as the government issue fee, or the cost of possible amendments and responses. We keep any further charges as low as possible.