Ronald J. Koch, P.E.

I will evaluate your invention on a case by case basis and provide an estimate for the cost to prepare and file a patent application. Additionally, further fees would be due a year or so after filing for my time to respond to patent office opinions, etc. The patent office will send a letter (called an "office action") that addresses the patentability of your invention. My job is to persuade them (if I disagree) and/or advise you as to the best course of action.

The patent office charges various fees associated with patent applications and issued patents. For instance, there is a filing fee due when the application is filed. Also, upon the issuance of a patent, there is an issue fee due as well as maintenance fees that must be paid at the 4, 8, and 12 year marks.

Patent searches can vary greatly in scope and cost. The way US patent laws are written, almost any publication, from almost anywhere in the world, can be used against your invention. Therefore, a comprehensive search could easily cost more than the patent application itself. Upon the filing of a regular (non-provisional) utility patent application, the patent office conducts a search for you - regardless of whether you have performed a search. The patent office search can include US and foreign publications as well as non-published US patent applications not accessible to the public. The latter are known as “secret prior art”. Nobody can search this except the patent office.

There are various pros and cons to consider in deciding to pay for a search. One disadvantage is that if the search does not disclose anything, the money spent on the search would arguably be wasted. Also, you (and your attorney or agent) are under a legal obligation to disclose anything to the patent office that materially affects the patentability of your invention. So, some would argue that you are doing the examiners’ work for them.

Benefits of performing a search include gaining knowledge of the art that aids to write a better patent application thus “writing around” the prior art. Also, discovering an invention identical to yours would arguably save you the expense of trying to obtain a patent on something that is likely not patentable.

Another important advantage of performing a search has to do with identifying existing patents that you may infringe. The patent office does not assess whether or not you infringe another patent. They merely determine if any patents or other publications teach your invention thus rendering it unpatentable.

The scope of the search can vary greatly depending on budget and other factors. I often perform a “basic search”. This search is limited in scope to the United States Patent Office database of issued patents and published patent applications in the analogous art (i.e. in the same arena as your invention). This is a limited search (hence a lower fee). It does not include a detailed analysis of each prior art reference that I find. I can also perform more detailed searching and analysis with the associated costs varying proportionately. The choice here usually comes down to budget and the perceived value of the invention.

A Provisional Patent Application is an incomplete application. Its primary purpose is to secure a filing date. You can legally say that your invention is “patent pending” after you obtain a filing date. Otherwise, you cannot legally make this statement. A provisional application will never be examined and will never issue as a patent. The only way to take advantage of it is to file an associated non-provisional patent application within one year of the filing date.

One benefit of a provisional is that it can oftentimes be less expensive than a full blown patent application (“non-provisional" patent application) because it does not have to have claims or comply with other patent office formalities. Because it is incomplete, it must be completed within one year of filing the provisional in order to claim the benefit of the filing date.

It is important to note that securing a filing date is of utmost importance. Delaying this after you conceive of the invention can result in loss of all or some of your patent rights.The law states that a person shall be entitled to a patent unless the invention was in public use or on sale in this country more than one year prior to the date of the application for patent in the United States. There is an exception to the "public use" aspect of this rule if your use was "experimental" (i.e. you were using it for the purpose of testing or modifying, etc.). There are many other legal requirements for patentability that are beyond the scope of this introduction.

The purpose is to gather information in order to better understand the market, assess the value of your invention, and evaluate the pros and cons of you invention. The cost of basic market research is generally $750 to $1,500, billed hourly at my hourly rate. Please note that this is a general research task, priced accordingly, to provide a cost effective means of assessing your invention. A more comprehensive valuation and market assessment would likely cost more than the patent application and is thus generally not cost effective for the small inventor. I can provide such searches if you are interested.