Question
Good morning! We are a startup in the field of RC drones.
Since we are lacking legal background in our team, I would like to know more about the process of getting a patent on any technology we develop. I understand that we would have to get in touch with a patent attorney for that, but what exactly is the procedure? And how much time and money does the whole process cost?
Answers: 3 public & 0 private
There are many considerations here, but it starts with consulting a patent attorney to go over your options. First, you want to make sure you have clearly documented what it is that you want to protect. There are utility patents and design patents, so one or both may apply, and the costs are very different and vary based on complexity, amount of work required and the person doing the work (including what part of the country they are in). There is no way to say what the "whole process" will cost because that is purely an unknown and the patent process takes several years. Once the patent is filed, it gets examined by the PTO and there is back and forth between the Examiner and your patent attorney wherein your attorney must argue and/or amend the application. Preparation and filing of the application will usually cost at least $6000 but it varies on several factors....and there will be some "prosecution" costs after filing as mentioned above.
While it may be beneficial to work with a patent attorney, that is not your only option. Patent agents can also represent you in front of the USPTO, and consultants with technical and intellectual property experience may be able to help you determine if your technology is patentable. The key is finding someone who understands your technology and can work well with you. While there are numerous factors that determine the time and cost required for each patent application, a well-developed patent portfolio could pay huge dividends in the future.
Difficult to answer both questions - as for time, it depends upon the particular technology as to where it is examined in the USPTO because different areas of the Office have different backlogs - from filing to grant/issue, anywhere from 1-3 years. As for cost, different firms will charge different fees for preparing the application and it also depends upon the technology involved, the complexity of the invention, how many embodiments there are, and the like. You also have to include filing fees of the USPTO, issue fees, and maintenance fees.
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