Tips & Advice
How much does it cost to register a trademark?
You can file for a state trademark registration for $100-$200 dollars. For additional scope of protection, you can register your trademark nationwide for $300-$400 for each product. Registering it yourself versus hiring a lawyer will naturally make your costs lower, but you also run the risk of making mistakes. Many legal offices have flat rates for filing fees, so do your homework and get comparative rates.
How much does it cost to file a patent?
The cost to file for a patent can vary depending on many factors, like self-filing versus hiring a lawyer, and if the patent is for a business or an individual. The actual filing fee is only a few-hundred dollars, but there are many other potential costs and fees involved. Lawyers can navigate the complicated world of patent filing, but will probably charge $1,500-$15,000, and possibly more. You can get ahead of the cost game by doing the research yourself before going to a lawyer.
What does “patent pending” mean?
“Patent pending” refers to a patent application that has been filed with the USPTO, but has not yet been approved or issued by the patent office (issuance is not guaranteed). Patent pending is used to show that the inventor is seeking protection for his or her idea or invention, but the scope of protection, and whether protection will be given, has not yet been determined.
What is a provisional patent?
A provisional patent is a legal document filed with the United States Patent and Trade Office (USPTO) that establishes and notes the early filing date. A provisional patent does not mature unless a regular, non-provisional patent application is filed within one year. The idea of a provisional patent is to allow the basic idea to be covered legally until the fully developed idea can be completed and registered. It gives the applicant time to develop the concept.
A trademark is a symbol, phrase, word, or design that distinguishes and identifies one brand or product from another (e.g., Coke vs. Pepsi). A service trademark distinguishes and identifies a service, instead of a good or product (like a dry cleaner or lawyer). The four main types of trademarks are: generic (a common description that does not receive trademark protection), descriptive, suggestive, and arbitrary or fanciful.
A patent is a set of rights granted to an invention holder by the government for a specific period of time, and excludes others from using, selling, or making that invention. The three most common patents in the United States are utility, design, and plant.
How much do intellectual property attorneys charge?
Intellectual property attorney fees can vary widely. Most attorneys charge hourly fees and those rates are at their discretion. Some intellectual property attorneys will wave initial consultation fees, especially if the potential client can’t afford to pay. They will advise the client on the process, but will only charge a client once they’ve been hired.
What is intellectual property?
Intellectual property (or “IP”) is any creative idea or creation, such as inventions, technologies, books, movies, scripts, music, and art. Intellectual property does not have to be physical, but it can often be transformed into a physical property, such as a book, building, car or formula.