We’d like to answer the easy questions here, free of charge. If you can think of any other “frequently asked questions” about patent law, please let us know!

Q: Can I patent an idea?
A: Contrary to what you may have heard, patents do not protect ideas. Rather, they protect inventions or methods that contain patentable subject matter.

Q: Are there different kinds of patents?
A: Yes, there are three. Utility patents, design patents, and plant patents.

Q: What are the requirements for a patentable invention?
A: Generally, there are five. The invention must be new, non-obvious, useful, be adequately described, and be within the province of Congress to determine.

Q: How long does my patent last if I’m successful in obtaining one?
A: 20 years from the date of grant for utility and plant patents. Design patents only last for 14 years from the date of grant.

Q: Do I need to create a prototype before filing a patent?
A: No. The USPTO does not require a prototype in order to file a patent. However, a working prototype is highly recommended because it is very rare that no changes are made between prototype and final product.

Q: What is the difference between a utility patent and a design patent?
A: A utility patent protects the functionality of a design. A design patent only protects the aesthetic appearance of the design. Thus, a design patent is much narrower than a utility patent.

Q: Is there such a thing as an international patent?
A: No. Every country has their own patent laws and you must file a separate patent application in each country. However, the formation of the European Union (EU) has made filing much easier in European countries.

Q: How much does a patent cost, initially?
A: This question really depends on a multitude of factors such as complexity of your invention and in which countries you want to file your invention. Generally, you can expect to pay a professional for 15 to 30 hours of work to prepare the application. The fees charged by the United States Patent and Trademark Office (USPTO) are relatively small; only a few hundred dollars. However, the fees can escalate quickly.

Q: Are there any fees after a patent has been granted?
A: Yes. These are called maintenance fees. Utility and plant patents require escalating fees at the 3, 6, and 11 year intervals. Design patents, however, don’t have any maintenance fees.

Q: When I have an idea, do I need to submit a patent application immediately?
A: No, until March 16, 2013. The United States still follows the first-to-invent system. As long as you have evidence as to the date you first had the idea, then there is no need to file immediately. However, with the passage of America Invents Act of 2011, the United States will change to a first-to-file system. This means that you should file a patent application as soon as possible.