What happens if my patent application is rejected?
Rejection is a normal part of the patent prosecution process. The applicant can respond to the examiner’s rejection by amending claims, presenting arguments, and submitting evidence. If the final rejection is maintained, the applicant can appeal to the Patent Trial and Appeal Board (PTAB) or file a continuation application to pursue the claims further.
Can I patent software?
Software inventions can be patented, but the claims must be drafted carefully to satisfy the patent-eligibility requirements under the Alice framework. Claims that describe specific technical improvements, concrete implementations, and tangible results are more likely to be found patent-eligible than claims that describe abstract ideas at a high level.
What is the difference between a provisional and non-provisional application?
A provisional application establishes a priority date and patent-pending status for 12 months but does not undergo examination. A non-provisional application is the formal application that is examined by the USPTO and, if allowed, matures into an issued patent. The non-provisional must be filed within 12 months of the provisional to claim its priority date.
How much does a patent cost?
Costs vary based on the complexity of the invention and the extent of prosecution required. USPTO filing fees, search fees, and examination fees typically total $1,500 to $3,500 for small entities. Attorney fees for preparation and prosecution vary based on complexity. The Rubin Firm provides transparent fee estimates before beginning the process.
How long does it take to get a patent?
The average time from filing a non-provisional utility patent application to receiving a decision from the USPTO is approximately 18 to 24 months, though complex applications or those requiring multiple rounds of prosecution can take longer. Provisional applications can be filed quickly to establish a priority date while the non-provisional application is prepared.
What should I do if someone is infringing my IP?
Contact an attorney promptly. Depending on the type of infringement, we may send a cease-and-desist letter, file a DMCA takedown notice, initiate TTAB or UDRP proceedings, or file a federal lawsuit seeking injunctive relief and damages.
Does The Rubin Firm handle IP matters outside of Stuart?
Yes. Because intellectual property law is primarily federal, our practice is statewide and, for many matters, nationwide. We represent clients throughout Florida and before the USPTO, the U.S. Copyright Office, the TTAB, and federal courts across the country.
How long does IP protection last?
Trademark registrations last indefinitely with proper maintenance and renewal (every 10 years). Utility patents last 20 years from the filing date. Design patents last 15 years from the grant date. Copyrights generally last for the author’s life plus 70 years. Trade secret protection lasts as long as the information remains secret.
Do I need to register my intellectual property?
Registration is strongly recommended for trademarks, patents, and copyrights. Trademark registration provides nationwide protection and legal presumptions. Patent protection requires a granted patent. Copyright registration is required before filing an infringement lawsuit and enables statutory damages and attorney fees.
What types of intellectual property can be protected?
The four primary forms of IP protection are trademarks (brand names, logos, slogans), patents (inventions and designs), copyrights (original creative works), and trade secrets (confidential business information with economic value). Each provides different rights and requires different procedures for protection.
