Legal Question in Intellectual Property in New York

Typically a patent attorney would perform a search of the prior art and then issue an opinion letter to advise if the invention meets the legal test of being novel and nonobvious from the prior art. Various professionals charge various amounts for the task, which can also depend in part on the field of technology relevant to the invention. In most instances, figure on spending at least $1,000 for a search and patentability opinion.

The next step is to generate a complex technical document, a patent application, which generally involves creating drawings illustrating the invention and text describing it. Depending on the technology involved, it can cost from about $4,000 to $10,000 and up for a patent attorney to perform this service.

Following U.S. patent application filing, there will be a period of a few years of "patent prosecution," and the applicant may optionally choose to file corresponding applications internationally for coverage outside of the United States.

For further information about the stragegies involved in seeking protection of inventions, by patents and other legal tools, visit my website at www.elman.com. And look in your bookstore for the latest edition of a helpful primer on the patenting process, Patent It Yourself by David Pressman (Nolo Press, www.nolo.com).

It depends on the kind of invention and the attorney/agent you choose and the kind of patent you apply for.

Provisional patents which must be replaced with a utilty application within 1 year are the least expensive.

Utility patent: This is the "standard" patent application and are the most expensive. Also, since most applications are rejected, you will likely have to pay to respond to rejections as they are received from the patent office.

Design patent: this patent is cheaper than a utility patent but is less protective. It only covers the exact "look" or design, not it's function. You can have both a design patent and a utility for the same invention.

I would be glad to discuss specific costs with you if you like. I would not charge to discuss this with you.

Hope this helps,

Mark Torche, Esq.