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McKinney's Patent, Trademark &

Copyright Law Resource

McKinney's Patent, Trademark & Copyright Law Resource for Attorneys and Inventors - Orlando & Tampa metro areas

Created and maintained by U.S. patent attorney Matthew G. McKinney

 

   General Info  |   Profile   |  Patents | Prototype | Trademarks  |  Copyrights |  Litigation Licenses   |  Links 

 

General Information

An initial consultation with a patent and trademark attorney regarding an intellectual property matter is recommended to determine the scope of legal representation required.  In a patent matter the initial consultation may reveal whether patent protection is available or not.  For example, some inventions are not patentable simply based on a statutory bar. Inventions not prevented from being patented by a statutory bar are typically recommended to have a search and formal patentability opinion rendered before a patent application is prepared.  Alternatively, if it appears the invention is most likely not patentable based on a statutory bar, this opinion should be rendered by the patent attorney at the initial consultation. 

If you have already been granted a patent or trademark and believe another party is infringing on your patent or trademark, the initial consultation is necessary to determine the best course of action. 

Patentability Opinion

For those inventions that are not statutorily barred from patent protection, a search of prior art is completed to determine the potential patentability  scope of an invention. A preliminary search consists of locating patents and references using Internet resources with more thorough searches being completed at federal facilities. After relevant prior art is located, a comprehensive review is completed to ascertain whether the invention has either been patented or has been disclosed through other means. The search results and review of those results culminates in a patentability opinion prepared by the patent attorney that states based on the results whether patent protection is most likely available or not.

Application Preparation

Preparation of a utility patent application will include the drafting of a formal description of the best mode or version of the invention, a specification on how it is built and/or operates, and claims as to the uniqueness of the invention. The broadest claims possible are drafted in view of prior art. Formal drawings are also required to illustrate the invention. The drawings are normally prepared by a patent draftsman.

A provisional application is a low cost alternative to a utility patent application that provides a means to establish an early effective filing date and allow the term "PATENT PENDING" to be applied. A provisional application provides simplified filing requirements with one full year to assess the invention's commercial potential before committing to the higher cost of filing and prosecuting a utility application for patent. A provisional application cannot result in a U.S. patent unless within 12 months of the provisional application date a corresponding non-provisional application for patent is filed that claims the benefit of the earlier filed provisional application.

Government Fees

The basic fee for filing an application for a utility patent ranges from $530 to $1060, dependent on whether or not the applicant is entitled to status as a small entity. Issue fees for utility patents range from $870 to $1,740 once an application is allowed. Publication fee for early, voluntary, or normal publication is $300. Maintenance fees are due at 3-1/2, 7-1/2 and 11-1/2 years from the date a utility patent is granted. 

Legal Fees

A patent attorney's legal fees for preparing and prosecuting a patent application will be dependent upon the type and complexity of the invention. 

Matthew G. McKinney, Attorney

121 S. Orange Ave., Suite 1500

Orlando, FL 32801

T (407) 732-4309

mgm@mckinneylawllc.com

 


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[General Info] [Profile] [Patents] [Prototype] [Trademarks] [Copyrights] [Litigation] [Licenses] [Links]

The hiring of a lawyer is an important decision that should not be based  solely upon advertisements.   Before you decide, ask us to send you free written information about our qualifications and experience.

The website is a public resource of general information which is intended, but not promised or guaranteed, to be correct, complete, and up-to-date.  The owner of this website does not wish to represent anyone desiring representation based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. In addition, the use of Internet e-mail for confidential or sensitive information is discouraged.

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Copyright 2012 Matthew G. McKinney, Patent Attorney -  (407) 732-4309
Last modified: 04/13/12