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58 Your Idea, I nc.
How Do I Get a Patent?
In the United States, patents are granted by the U.S. Patent and
Trademark Office. You must use a lawyer for this process-the U.S.
government will not accept applications from non-attorneys due to the
rigorous specifications. The attorneys' fees and application costs can
run into the tens ofthousands of dollars, depending on the complexity
of your invention and the number of times the Patent Office and your
attorney have to communicate (sometimes the Patent Office needs to
ask clarifying questions or requests more material or explanation).
Should I Apply for a Patent?
The best way to find out if you should apply for a patent is to
contact a patent attorney. But you can first read about the different
types of patents on www.uspto.gov so you have some background.
When in doubt, protect yourself and your product, and have your
patent attorney apply for one.
When Should I Apply for a Patent?
As an entrepreneur with a product idea that may be patentable ,
be aware that there is a critical deadline for filing your patent appli
cation that has to do with the first time you make your invention
"public." United States patent law provides for a one-year "grace
period" for filing a patent application from the date the invention
is "made public." Also referred to as the "on-sale bar rule," this rule
states that an invention is not eligible for patent if the invention was
patented or described in a printed publication in this or a foreign
country or in public use or on sale in this country, more than one
year prior to the date of application for patent in the United States.
Search Existing Patents
ObViously, it will save you a lot of time and money if you find
out your invention is ineligible for patent protection before meet-