How long to get a patent ?
 

I have a friend that would like to get a patent on a item they developed. Is anybody familiar with the process of getting a patent .

They would like to obtain patents in all potential markets - United States, Canada , Australia , UK , Germany ect.... Is this excessive or would a U.S and Canada patent be sufficient?

What is the quickest method for obtaining a patent ? I have heard 12-18 months!! This is discouraging because they would like to begging selling the product and dont have to much confidence in the " patent pending " as protection.

Is it worth applying for a patent in China?

Any info appreciated.

Thanks :)

I'm in the process right now on a new product.

In the US, you need to do 2 things immediately:

1) Patent search to make sure it is new
2) File a provisional patent

Once the second thing is done, you can call it "Patent Pending" and start selling. You then have a year or so to file the full patent, if it is patenable.

The process isn't cheap. My estimate is a minimum of $10K. Once you have the provisional patent and search, you can usually find investors, if needed.

Took me 3 years and that was with a corp lawyer

11" x 17" with the 17 being the "long"

Flowchart: Process for Obtaining a Utility Patent

I think that 18-24 months is very expeditious, assuming clear inventorship and limited prior art. I have a couple of filings that are still being prosecuted after 8 years.

I disagree with doing your own patent search in many circumstances. You will eventually have to reveal everything you understand to be prior art. It's the patent examiner's responsibility to ensure that your patent may be granted. You often have a better chance of getting a patent granted if you haven't done a prior art search for them. Of course, you then increase the chance that your patent really isn't that different from something else out there. (My opinion only - please consult your own patent attorney.)

I'm still waiting after 2 years for my patent.

The expected time line differs from different parts of the world and so does the cost. Once obtained, the product better sell good or the yearly fees will eat up the earnings.

My patents took roughly 2-3 years.

Sorry, the gererator is already taken. :D

Thanks for all the "real world" info and advice.

Livi, I looked into maintenance fee's. They dont appear to be terribly unreasonable for a "small enterprise" business, unless I missed something. Thanks, that is a great point thought and I should really get all the details involved with that.

A question for those that have registered a patent, do you intend to register your patent in any other country's .

Also, once you file/register your request for a patent. You can legally label it "patent-pending" but as I understand it, your legally not protected until your patent is approved. So your design can still be copied. Is this not a concern?

I know NOTHING about patents, so take this with a big ol' grain of salt. I'm sure it depends upon what you are obtaining a patent for, but what are you going to do if you obtain one and someone "infringes" (say a product made in China)? Seems to me it would take some "mighty deep pockets" to enforce depending upon the circumstances.

A friend just recieved a patent a couple months ago. Took about four years.

I understand what your saying, this really is a situation of "doing what I can with what I have". From what I understand ( could be wrong again) a patent case should be fairly easy to win if its obvious.... it shouldn't turn into a Samsung VS Apple :) . If anything,
hopefully it discourages other companies from copying.


Thanks for the reply. Did they just apply for a patent in the U.S or a few other country's ? It is quite discouraging to hear how long it is taking to obtain a patent. :confused:

Thanks again