Paradies® Law provides world class patent legal services including all aspects of patent law. Christopher Paradies, President and Founder of Paradies Law P.A., is a Registered Patent Attorney with the USPTO.
There are three different types of patents: utility, design and plant. Plant patents are a specialized area. Design patents protect the look of things (ornamental features of an item of manufacture). Utility patents are the types of patents that most people know about and protect functional features of inventions including machines, compositions of matter, and processes, for example. If you already have an idea, then watch the video, below, from IPmasterclass.com. This free training will help you to complete your own patent knock-out search. Find out more at IPmasterclass.com.
Design patent protection overlaps with trade dress protection, under the Lanham Act, and copyright law. An issued design patent grants a term of exclusivity for the claimed ornamental design. Trade dress rights are acquired over time, as ornamental features become recognized by consumers as identifying you as the source of goods. Trade dress rights can exist forever, if used continuously and consistently and others are prevented from using the same ornamental features. We make it inexpensive and simple to apply for and receive design patent protection. Our Paradies® fair fees don’t include the costs of drawings, but we work with patent artists to provide reasonable, flat fees for this work.
Usually, the first step after conception for utility patents is the filing of a descriptive provisional that serves as the basis for the filing of a non-provisional application or international application, twelve months later. See the flow chart of the utility patent filing process. The process is complex, but we will help you negotiate your way to your goal. Paradies® Law recommends filing an international application under the Patent Cooperation Treaty (PCT) as the next step. There are several advantages to filing a PCT application:
- Applicant receives an earlier search;
- Applicant preserves a right to file in many foreign countries; and
- Applicant can enter into a program referred to as the Patent Prosecution Highway (PPH) if a favorable international search is returned, moving the application to the head of the line for examination.
Up to 30 months after filing a provisional, or sooner when a favorable international search is returned, national stage is entered. The costs charged by the patent office change from time to time, but USPTO fee information is available online at www.USPTO.gov.
Christopher Paradies, Ph.D. Registered Patent Attorney
Local Firm / Global Reach
Wherever in the world you or your competitors are making or selling products, we can patent your invention, through a network of foreign counsel. Our dedicated international intellectual property paralegal keeps track of your pending and issued matters, worldwide.
Also, actual costs depend on the size of your company. You must determine if you are a micro entity, a small entity or a large entity. Any entity that does not qualify as either a micro entity or small entity is a large entity. A small entity is eligible for a 50% reduction on some USPTO costs, which can be a substantial savings. A micro entity is eligible for another 50% reduction on some USPTO costs compared to a small entity, a 75% reduction compared to a large entity. We can help by pointing you to the resources needed to make this determination.
There is a form available online for claiming micro entity status that must be completed by you. We don’t charge extra for helping you complete this form. A small entity is any party that has not assigned, granted, conveyed, or licensed, and is under no obligation under contract or law to assign, grant, convey, or license, any rights in the invention to a large entity, and is one of the following:
or a qualifying nonprofit organization, according to one of the following:
- university or other institution of higher education located in any country;
- a section 501(c)(3) charitable organization as described by Internal Revenue Code;
- any nonprofit scientific or educational organization qualified under state law of this country; or
- any nonprofit organization located in a foreign country that would qualify if located in this country;
or a small business concern that meets the size standards in 13 CFR 121.801 through 121.805.
Questions related to small business concerns must be directed to: Small Business Administration, Size Standards Staff, 409 Third Street, SW., Washington, DC 20416. Generally, a small entity has less than 500 employees.