Resources - Patent Law


Before contacting our firm regarding obtaining a patent, consider asking yourself the following questions:
  1. Do you plan to or do you currently create, use and/or sell any products or services? Is the feature you wish to patent more useful in nature or does the feature serve to distinguish your product over your competitor's products in terms of marketability?
  2. Is your product or service a physical product or process for using a product (any machine, tool, instrument, compound, formulation, medicine, plant, or any other manufactured good)? Is your intellectual property a particular design that renders your product more marketable than your competitors?
  3. Does your business have proprietary information that gives you advantage over your competitors, or is your product or process superior to that which is currently available?
  4. Are any of the products or services that you produce or plan to market unique to your company?
  5. Did you investigate the intellectual property of others before developing this product or service? Is anyone else producing this product or offering this service, or producing a comparable product or service?
  6. Have you maintained confidentiality over your product, process or service?
  7. Do you know that to get protection for your IP in a foreign country, you have to apply for protection under the laws of that country?

Although the average pendency time for a patent application is going down, the process can still take as long as 28 months. Below is a variety of statistics regarding the average pendency times for patent applications as of April 2014. As you can see, it can take up to 18 months to hear back from the PTO after you have filed your application. Depending on your business goals, having a lengthy "patent pending" status can give you additional time to solicit outside investment for funding your idea.

Average Pendency for a Patent Application
First Office Action Pendency Traditional Total Pendency Utility, Plant and Reissue Allowance Rate