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How Patents can help you MAKE it
1. HOW PATENTS CAN
HELP YOU MAKE IT
JOHN MEIER
PATENT AND TRADEMARK RESOURCE CENTER
LIBRARIAN
PENN STATE UNIVERSITY
MEIER@PSU.EDU @JOHNMEIER1
2. LEARNING OUTCOMES
•Understand Intellectual Property (IP)
•Copyright, Patents, Trademarks, and Trade
Secrets
•Is my idea or invention patentable?
•Prior art and patent searching
•Process and costs for getting a patent
4. INTELLECTUAL PROPERTY
(IP)
•Copyright – protect an original creative work
from duplication
•Patents - Exclude others from making, using or
selling their invention
•Trademark - logo or name for a product is
protected in a particular industry and
geographic region
•Trade secret - idea or invention protected by
5. MULTIPLE TYPES OF
PATENTS
•Utility patents - functional or structural novelty
• Examples: Light bulb or the “comb-over”
•Design patents - ornamental designs
• Example: An athletic shoe sole design
•Plant patents - varieties of plants
• Example: Poinsettia plant named “Eckaddis”
7. DURATION OF
PROTECTION
•Copyright = Life of the author + 70 years
•Utility patents = 20 years from filing date
•Design patents = 14 years from issue date
•Trademarks = Renewed as long as product in
9. PATENT-ABILITY
Is my idea or invention patentable?
1. Utility - must be useful, or have a use
2. Novelty - must be new, no “prior art”
3. Non-obvious - the difference between
existing art and the invention must be
sufficiently great as to warrant a patent
15. PATENT SEARCH
STRATEGIES
Classification Searching (ex: G08G 1/0112)
CLASS G08 = signaling instruments
SUBCLASS G08G = traffic control systems
GROUP G08G 1/00 = for road vehicles
SUBGROUP 1/0112 = “Floating car data sources
for measuring and analyzing traffic movement…”
16. SEARCH TOOLS
•U.S. PTO Website (PatFT) – limited searching
http://patft.uspto.gov
•Google Patents – Full text searching US and
some international patents
http://www.google.com/patents
•esp@cenet – International patent search
http://worldwide.espacenet.com/
21. 21
HOW MUCH DOES IT COST TO GET A
PATENT?
Large Entity Fees
-Starting at around $2000
-Maintenance for 20 years $9000
Small Entity Fees
-Starting at $1000 for a patent
-Maintenance for 20 years $4500
Micro Entity (no more than 4 apps)
-Starting as low as $500 for a patent
Subject to change frequently, only includes fees due to the USPTO
22. HOW MUCH CAN COST TO GET A PATENT?
• Provisional Patent Application $1600-3500
• Conversion of Provisional to U.S. Patent Application
$5000-$10,000 in Attorney fees, $900 USPTO fee,
possible $2500-$5000 PCT fee = $8400-
$15,000
• First Office Action $2500-5000
• Second Office Action $2500-5000
• Drawing, Issue Fees and Publication $2000-4000
• Maintenance Fee – 3.5 years $490
• Maintenance Fee - 7.5 years $1240
• Maintenance Fee – 11 years $2055
23. FREE RESOURCES TO HELP YOU WITH
PATENTS
• Philadelphia Patent Pro Bono Program
http://www.artsandbusinessphila.org/pvla/patentprobono.asp
• Penn State Law IP Clinic
https://pennstatelaw.psu.edu/practice-
skills/clinics/intellectual-property-clinic/ip-clinic-client-
application
• Patent and Trademark Resource Center
http://guides.libraries.psu.edu/patents
• Penn State Small Business Development Center