I want to patent my product in America?Can I directly approach the US patent office?If so how?

Question

Can I be able to get a patent on my own?Should I be coming to america?Is it compulsary that I should have a patent attorney?I have avery tight budget.So some one please help me to do it economically.

Answer 1

NOLO is a great, free informational site. Also, be sure to read what the USPTO (United States Patent & Trademark Office) has to say about patents.

Associations may be a good avenue to explore. These organizations will address many of the thoughts, questions and concerns you'll inevitably have as well as many you haven't anticipated yet. See the source box for some relevant links.

Research, research, research – this cannot be stressed enough. Read as much as you can. Here are some book titles that are relevant:

Getting a Patent:
* Patent It Yourself (11th Edition) by David Pressman
* Patents and How to Get One : A Practical Handbook by U.S. Department of Commerce
* How To Make Patent Drawings Yourself: A Patent It Yourself Companion by Jack Lo
* The Inventor's Notebook: A Patent It Yourself Companion by Fred E. Grissom

There are plenty of free informational resources out there. Check the source box for links to articles.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

First, figure out whether your own country's laws will allow you to to apply for a patent in a foreign country. According to US law, no application for a foreign patent may be filed for a US invention before a foreign filing license is granted. If there is a comparable law in your own country, you should file first with your own country's patent office. A competent patent attorney in your own country should be able to help you address foreign filing issues.

Assuming that you will not run into trouble with your own country by applying for a patent in the US, you may represent yourself at the US Patent Office. You do not have to come to the US. All correspondence may be conducted via US mail, courier, or approved forms of electronic communication, e.g., fax, the E-file system, etc.

Given the complexities associated with patent prosecution, the US Patent Office does not recommend that you go at it alone if you are unfamiliar with the rules governing patent prosecution. While US patent examiners will typically provide some guidance to individuals unfamilar with patent prosecution rules, their main function is of a "gatekeeping" nature--to assess whether your invention meets all the legal requires for a patent grant. In essence, you should plan on "negotiating" with the patent examiner regarding the scope of patent protection that your invention deserves in the United States, if any. If you do not know the rules of the game, you may end up prejudicing your rights during such "negotiations."

In any case, the typical cost for a US patent from initial drafting to expiration (including attorney fees) is roughly $25K-$30K (US Dollars). These fees are unevenly spread over 15 years or so depending on how prosecution proceeds. The initial filing fee is $500 for individuals who are not under any obligation to assign the invention to a large entity that has over 500 employees. A schedule of US Patent Office fees is available at

http://www.uspto.gov/web/offices/ac/qs/ope/fee2007february01.htm.

If you represent yourself, you can probably save yourself about $10K-$20K.

As an aside, one way in which you may preserve your patent rights at once in many countries (120+ as of February 2007) is to file a PCT (Patent Cooperation Treaty) application. A timely submitted PCT filing will preserve your rights for 30 months from the earliest priority date of filing. However, PCT filings merely delay the costs associated with the countries in which you want to perfect your patent rights. For most commercially significant countries, e.g., Japan, Germany, etc., the costs are comparable to those of the US.

Good luck with your endeavors.

Answer 3

umm make sure not to get ripped off or scammed, lot of people lose their ideas this way. get a real attorney, get a patent and come on!.