Question 1

What is a patent?

Accepted Answer

A patent is a legal right granted by the U.S. government that gives you the exclusive right to make, use, sell, and license your invention for a set period—typically 20 years from the filing date for utility patents. It protects your invention from being copied or used by others without your permission.

Question 2

What’s the difference between a patent, a trademark, and a copyright?

Accepted Answer

•	Patents protect inventions.
	•	Trademarks protect brand names, logos, and slogans.
	•	Copyrights protect original works like books, music, and software code.

Each serves a different business purpose, and many companies use all three.

Question 3

How long does it take to get a patent?

Accepted Answer

On average, it can take 1 to 3 years or more, depending on the complexity of your invention and the current backlog at the U.S. Patent and Trademark Office (USPTO). Some applications may qualify for expedited examination programs.

Question 4

How much does it cost to get a patent?

Accepted Answer

It varies widely. For a utility patent, expect to pay between $9,000 and $15,000+, depending on complexity for the filing. Design patents are often less expensive, and typically might be about $3,500 for filing.  Provisional patent application typically might be about $2500-$3500 for filing. Keep in mind that about 90% of utility applications will get some type of rejection and responding to rejections take time (and money). Design patents and provisional patents typically do not get rejections as often. In addition, once your patent issues, you may have to pay maintenance fees.

Question 5

What types of patents are there?

Accepted Answer

There are three main types:
	•	Utility patents – For new and useful processes, machines, or compositions of matter.
	•	Design patents – For new, original ornamental designs of manufactured items.
	•	Plant patents (very rare) – For new, asexually reproduced plant varieties.

Question 6

What is a patentability search, and do I need one?

Accepted Answer

A patentability search identifies existing patents and publications that are similar to your invention. While not required, it’s highly recommended before filing. It helps assess your chances of success and refine your application.

Question 7

Do I need a prototype before filing a patent?

Accepted Answer

No. You don’t need a working prototype to file a patent application. However, you must be able to describe how to make and use the invention in enough detail that someone skilled in the field could reproduce it.

Question 8

Can I talk about my invention before I file a patent?

Accepted Answer

You can, but it’s risky. In the U.S., you have a one-year grace period from the date of public disclosure to file a patent application. However, many foreign countries do not allow any prior public disclosure, which can ruin your international rights. When in doubt—talk to a patent attorney first.

Question 9

What are common mistakes inventors make with patents?

Accepted Answer

•	Waiting too long to file (losing rights).
	•	Publicly disclosing the invention too early.
	•	Filing without a clear business strategy.
	•	Using DIY patent tools that result in weak protection.

Talking to a patent attorney early can help avoid costly mistakes.

Question 10

What happens after I file a patent application?

Accepted Answer

After filing, your application is assigned to an examiner at the USPTO. They will review it, usually within 12–18 months, and issue an Office Action. This is a back-and-forth process where we respond to any rejections or objections until the patent is granted or finally denied.

Question 11

What’s the difference between a provisional and non-provisional patent application?

Accepted Answer

•	A provisional application is a lower-cost, informal way to establish an early filing date. It lasts 12 months and cannot become a patent on its own.
	•	A non-provisional application is the formal filing that gets examined by the USPTO and can result in an issued patent.

Question 12

Do patents protect me worldwide?

Accepted Answer

No. U.S. patents only protect your invention within the United States. However, you can file for international protection through treaties like the Patent Cooperation Treaty (PCT) or file directly in individual countries.

Question 13

Can I sell or license my patent?

Accepted Answer

Absolutely. A patent is an intellectual property asset, just like real estate or a trademark. You can sell it, license it to others, or use it as leverage in partnerships, acquisitions, or funding negotiations.

Question 14

What is a “non-obvious” invention?

Accepted Answer

An invention is non-obvious if it wouldn’t be an obvious variation or combination of existing technologies to someone skilled in the field. This is one of the trickiest hurdles in patent law and often the basis for rejection by the USPTO.

Question 15

Should I file a provisional patent application first?

Accepted Answer

There are different approaches attorneys have regarding whether someone should file a provisional patent application. If costs and timing are not an issue, then you probably should skip filing a provisional patent application file a non-provisional first. For some people, while not ideal, but due to costs and timing filing a  a provisional application is better than nothing, and it gives you 12 months of “patent pending” status while preserving your filing date. There are risks in filing a provisional, the main one is that assuming you are fully protected with an early filing date, but the early filing date is only effective if you disclosed everything of importance in your provisional patent application. If your provisional patent application is drafted without enough detail, then you may be doing more harm than good with your provisional patent application.

Question 16

Can I patent an improvement to an existing product?

Accepted Answer

Yes. Improvements can be patented if they are new, useful, and non-obvious—even if the original product is already patented by someone else. But be careful: using someone else’s patented product to implement your improvement could still infringe their rights.

Question 17

How do I enforce my patent if someone copies me?

Accepted Answer

If someone infringes your patent, you can send a cease-and-desist letter, negotiate a license, or file a lawsuit in federal court. The USPTO grants patents—it doesn’t enforce them. That’s where legal strategy and representation come in.

Question 18

When should I talk to a patent attorney?

Accepted Answer

As early as possible. Ideally, before you publicly disclose, sell, or launch your invention. Early guidance helps avoid costly mistakes and ensures you protect your rights before it’s too late.

Question 19

What if someone else already patented something similar?

Accepted Answer

You may still be able to patent your invention if it’s novel and non-obvious over the prior art. We highly recommend conducting a patent search and analysis to evaluate your chances before filing.

Question 20

Can I patent software?

Accepted Answer

Yes, but it’s complex. Software must meet specific criteria for patent eligibility, especially under current interpretations of Section 101 of the Patent Act. We can help assess whether your software-based invention meets those requirements.

(424) 281-0162

Patenting for
Inventors Podcast

(424) 281-0162

Patenting for Inventors Podcast

Patenting for
Inventors Podcast