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FAQ

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The product is being sold by someone else in the US. Can I patent it here?

No. The invention has already been disclosed. Also, you are not “the inventor”. An invention is only patentable if it is new and not obvious in light of the prior art disclosed by anyone anywhere in the world before the patent application is filed.

My brother invented something. Can I patent it?

No. Only the inventor (or employer of the inventor) can patent an invention.

No one is selling a product like my idea. Is it patentable?

Not necessarily. Patentability is determined by the “prior art” which includes all prior inventions, disclosures and products, not just products currently on the market.

Why do you charge for initial consultations?

So that we can give you the best advice, not sell you on patenting.  “Free consultations” are not free – they are a sales meeting, not an advice session.

My product does the same thing but looks different from my competitors’. Is it patentable?

No. But you might be able to register the design.

I filed my patent application. When do I get my patent?

It depends, but not quickly. There is a long process from application to grant.

Why are patents so expensive?

Getting patent claims allowed takes significant time, effort and skill.

Can I do a patent search myself?

Yes. Start with the USPTO site. However, amateur searching is only worth so much. Searching to prove “the negative” – that the invention is no obvious in light of the prior art – takes real time, effort and skill built from experience.  We always recommend an expert prior art search before patenting.

Can I protect my invention in the United States?

Yes. Almost all of our clients file a provisional patent application first in the US.

Can I get worldwide protection?

Yes.  We help our clients protect their inventions worldwide through the PCT (patent cooperation treaty) process.