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FREQUENTLY ASKED QUESTIONS
WHAT IS PATENT PATHWAY?
HOW MUCH WILL IT COST?
The below fees for OPTION 1 and OPTION 2 are fixed, one-time fees. PatentPathway.com will never ask you for more. There is no continuing obligation and no repeat billing, ever.
WHAT IF I HAVE QUESTIONS? AND WHO WILL PROVIDES SUPPORT?
Support is always provided by US Patent Office professionals (Patent attorneys and patent agents). We do NOT outsource to poorly qualified staff in other countries. You always get help from true experts.
WHAT TYPES OF PATENT APPLICATIONS CAN I FILE WITH PATENT PATHWAY?
Nearly everyone who uses the PatentPathway.com system will be filing the standard type of utility application in the United States Patent and Trademark Office. This is called a NONPROVISIONAL UTILITY APPLICATION.
WILL YOU HELP ME FILE BOTH PROVISIONAL AND A NON-PROVISIONAL PATENT APPLICATIONS?
Yes. Very importantly, and unlike many “patent assistance companies”, you can file both provisional and nonprovisional patent applications. Remember, only non-provisional applications get examined and become patents. You can never get an issued patent unless you file a non-provisional application. A provisional is only a place-holder for a year. Companies that only file provisional applications should be avoided (see “Scams!”). We will not help you to draft a “quick-and-dirty” provisional, which is more trouble than it is worth. PatentPathway.com will allow you to file a high quality, full patent application, with a description and claims that meet the technical requirements of the USPTO. If you want more general information about patent applications, have a look at the USPTO website: https://www.uspto.gov/learning-and-resources/inventors-entrepreneurs-resources
HOW DO I DO A PRIOR ART SEARCH AND PATENTABILITY ASSESSMENT?
Before you start or spend a single penny, we will walk you through how to do a prior art search, how to check the novelty of your invention, and how to complete the patentability questionnaire. See the Homa page of our wb site: "Get ready, Get set...Wait!". It's simple, and requires no fee or commitment (and we never have access to your search), but it is a vital step to make sure that your invention is worth patenting. You should spend as much tims as you can doing this preliminary research. We want you to work with us and file a patent, but we do not want you to file a patent application if a little research will show you it is not worth patenting because it has already been done! Unfortunately not every patent firm feels the same way!
WHAT ABOUT AFTER THE PATENT APPLICATION IS FILED?
PatentPathway.com does not stop at “patent pending” and the materials we provide will show you in detail exactly what to expect after filing your patent application and how to deal with correspondence with the Patent Office to get your application successfully allowed. We show what dates to docket, and even how to file an International (PCT) application to pursue patent rights outside the US.
WILL YOU DRAFT THE APPLICATION FOR ME?
No, we will not be drafting your patent application for you, but with our step-by-step guidance and help, you will do a great job. In fact, as the inventor, who knows this invention inside and out, you really are the best person to do the job! And with the Attorney Review Option, we will review your application and claims, draft all the required USPTO filing documents, and file the application for you online. And of course you get 100 days of online support from USPTO registered agents and attorneys.
WILL YOU FILE THE APPLICATION FOR ME?
Yes. If you pay for OPTION 2 (Attorney Review and File Option) we will file the application for you with the United States Patent and Trademark Office (USPTO). But if you use OPTION 1 (No Review Option) you will be filing it yourself. It's not difficult, and of course we give you step-by-step instructions with screenshots so that you can do this yourself. We believe that if you can file your own taxes, you can certainly file your own patent! You have to be able to read and follow instructions, and carefully fill out forms, but if you can do this, and are willing to put in the work, this is a very good option, and you will be able to draft and file a very high quality patent application.
WILL YOU ACT AS MY ATTORNEY OR LEGAL REPRESENTATIVE?
PatentPathway.com is not a law firm. We will not act as your legal representatives or patent attorneys and will not represent you before the USPTO. We can’t give you any legal advice.
WHAT MATERIALS DO I GET AND HOW DO I USE THEM?
DOING IT MYSELF vs. HIRING A LAWYER
What are the pros and cons of hiring a patent lawyer vs. doing it myself?
SCAMS!
Beware of scams! There are many unscrupulous people and companies out there who will take your money and give you nothing in return but a so-called “patent application” which is worthless. There are lots of so-called "Invention Promotion" or "Patent Filing" companies, also referred to as "patent filing mills", who use impressive national advertising and have very slick web sites, but they are a total waste of time and money. They are scams!
A NOTE FROM THE CREATORS OF PATENTPATHWAY.COM
Hello! We are the creators of PatentPathway.com and we thought it would be nice to write a personal note to all the users of this online patent filing system. We're very proud of what we've produced and we sincerely hope you find it useful. We actually think you'll find the process great fun! We're a small group of very experienced US patent attorneys who love what we do. We initially came up with the idea for PatentPathway.com after seeing inventors with good ideas turned away from our law firms because they couldn't afford the law firm fees. We all immediately realized that it was a great idea whose time had come! The patent system that Thomas Jefferson helped create was not meant to turn into the complex, burdensome and expensive system we have now, filled with legal terms and understood only by patent attorneys. There are lots of resources available, but they're generally intimidatingly complex, inadequate, out of date, or sometimes just fraudulent! We had already written a very popular online training course for professional patent paralegals and attorneys, so we knew that the complex patent process could be broken down into clear step-by-step instructions, accessible to everyone. So here it is at last. A simple, clear, comprehensive and up-to-date system for drafting, filing and obtaining your own patent. We really hope you enjoy it, and wish you great success!
USEFUL INFORMATION FROM THE USPTO AND OTHER SOURCES
Here are some useful links. PatentPathway.com does not create or own the content and does not take responsibility for the accuracy of any information found therein. So you should use this information at your own risk. However any information from the USPTO website can usually be relied upon to be authoritative and accurate.
CAN I FILE A US APPLICATION EVEN IF I DO NOT LIVE IN THE USA?
Anyone can file a US patent application. You do NOT have to be a US citizen or resident. If you are a US citizen or resident, there is no barrier to filing an application.
But if you are a a resident of some countries, such as India, Italy, and China (see the list below), then before you file a US application, you need to obtain a Foreign Filing License (FFL) from you own country's patent office before you file a US patent application. Many countries (such as Japan and ireland) do not have any FFL requirement. For the countries that do require a FFL, the process is generally quite simple - See below. If in any doubt you must ask the Patent Office in your country. Here is an interesting posting on the subject: https://patentlyo.com/patent/2014/10/considerations-international-inventions.html
Foreign Filing License (FFL)
If you live in a country that requires a foreign filing license before you file outside that country (for example in the US), then you will either need to get a Foreign Filing License, or file a patent application in your own country before you file in the US. In many cases getting a Foreign Filing License is simply a formality, and in some countries, the invention has to be submitted to the national patent office to make sure it is not relevant to national security or military applications. If in any doubt you must ask the Patent Office in your country. They will be familiar with the current rules and will be happy to help. Below is a list of requirements for most countries. However, before you file, you absolutely MUST check with your country’s patent office before you file. If you are required to get a FFL but do not get one, your patent may be invalidated.
Argentina: No FFL is required
Australia: No FFL is required
Austria: No FFL is required
Belarus: You must file in your country before you file anywhere else
Belgium: A FFL is required only if invention has military/security applications
Brazil: No FFL is required
Canada: A foreign filing license is required only for Canadian government employees
China (The Peoples Republic of China): see below
Czech Republic: A FFL is required only if invention has military/security applications
Cyprus: You must file in your country before you file anywhere else
Denmark: A FFL is required only if invention has military/security applications
Finland: A FFL is required only if invention has military/security applications
France: A foreign filing license is required if inventor is a French national or the company’s principle place of business is France
Germany: A FFL is required only if invention has military/security applications. If the patent application does not contain a state secret, the applicant is free to file outside the Germany without undergoing a secrecy review.
Greece: You must file in your country before you file anywhere else
Hong Kong: No FFL is required
Hungary: You must file in your country before you file anywhere else
India: FFL required or file national application first
Indonesia: No FFL is required
Ireland: No FFL is required
Israel: A FFL is required only if invention has military/security applications
Italy: FFL required or file national application first
Japan: No FFL is required
Kazakhstan: You must file in your country before you file anywhere else
Korea: A FFL is required only if invention has military/security applications
Liechtenstein: No FFL is required
Luxembourg: A FFL is required only if invention has military/security applications
Malaysia: FFL required or file national application first
Mexico: No FFL is required
Monaco: No FFL is required
New Zealand: No FFL is required
Netherlands: A FFL is required only if invention has military/security applications
Philippines: No FFL is required
Poland: No FFL is required
Portugal: No FFL is required
Russia: You must file in your country before you file anywhere else
Singapore: FFL required or file national application first
Slovak Republic: A FFL is required only if invention has military/security applications
South Africa: No FFL is required
Spain: FFL required or file national application first
Sri Lanka: No FFL is required
Sweden: A FFL is required only if invention has military/security applications
Switzerland: No FFL is required
Taiwan: No FFL is required
Thailand: No FFL is required
Venezuela: No FFL is required
Vietnam: You must file in your country before you file anywhere else
United Kingdom: A FFL is required only if invention has military/security applications. A UK resident seeking to file its patent application abroad is required to first obtain a foreign filing permit from the UK Intellectual Property Office only if the application contains information which relates to military technology or national security. See https://www.gov.uk/guidance/manual-of-patent-practice-mopp/section-23-restrictions-on-applications-abroad-by-united-kingdom-residents
United States: A foreign filing license is required. It is nearly always granted automatically and will be shown on your filing receipt. If the application has military/security applications, it may be reviewed and the FFL delayed or refused.
Foreign Filing License requirements in China
More patent applications originate from China than any other country except the US, so we have created a detailed section just for applicants from the Peoples Republic of China. A foreign filing license is required if you make the invention in China, but you wish to file in a foreign patent office. You can either file first in China, after which you will receive a FFL in about 30 days; or if you wish to file outside China before (or instead of) filing in China, then you need to submit the application to the PRC Patent Office (CNIPA) for “confidentiality examination”. After receiving the request for confidentiality examination, CNIPA will send a notification to the applicant if the invention may have State security implications. Otherwise, if the applicant doesn't receive the notification of confidentiality examination within four months from the date of submitting the request, it is deemed that the applicant can file applications in foreign countries. The average pendency for confidentiality examination of international patent applications is 2 to 3 weeks (far shorter than the allowed timeline of 4 and 6 months). The system is quite simple.
On the CNIPA webpage, Look for “Confidentiality Examination: http://english.cnipa.gov.cn/art/2013/7/17/art_1349_81674.html
The CNIPA (https://www.cnipa.gov.cn/) are very helpful. You can contact the CNIPA:
By letter: CNIPA, No. 6, Xitucheng Lu, Jimenqiao Haidian District, Beijing City 100088
By telephone: CNIPA Customer Service Center: 010-62085588/5599, 010-62356655; CNIPA Number for Patent Application: 010-62085500.
PROVISIONAL AND NON PROVISIONAL APPLICATIONS - WHAT IS THE DIFFERENCE?
A provisional patent application is a ‘place holder’ that lasts for a year and does not get examined. It gives you an official filing date, which is important, but to have the application examined you MUST file a nonprovisional application within 1 year. A provisional patent application costs less to file initially. But if you intend to get a patent, and your invention is ready, then there is very little point in filing a provisional, because you just have to pay more fees in 12 months’ time to file your nonprovisional. Sometimes a provisional application is filed because you want to act very quickly to secure your filing date, with the intention of improving or testing the invention, and then filing a nonprovisional application within a year. TO BE CLEAR - YOU MOST LIKELY DO NOT NEED TO FILE A PROVISIONAL APPLICATION, AND WE SEE NO REASON WHY YOU SHOULD.
DOES PATENT PATHWAY TAKE ANY OWNERSHIP OR CONTROL OVER MY IP?
No! Absolutely not! We never ask for any equity interest. But some other companies do take part ownership of your invention. We have seen up to 97% - No kidding! There are many companies out there that will either take your IP or simply charge you a lot of money to file a useless provisional application. Please be careful of these scams. At PatentPathway, we are real patent attorneys. Our aim is to guide you, and help you to secure to effective, valuable intellectual property. Honesty and quality guide everything we do. We want you to succeed.
HOW LONG DOES A PATENT REMAIN ENFORCEABLE?
Generally, the term of a patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available. For more information click HERE and search for "patent term".
MUST I BUILD A PROTOTYPE BEFORE I FILE A PATENT APPLICATION?
No. There is no need to have built or used the invention before filing. Having it described in a document is all you need. The key requirement is that it should be "constructively reduced to practice", which means you must have it clearly and fully described using whatever description and drawings are needed for someone to understand what it is, how it looks and fits together, and how it works.
WHEN CAN I PUBLICALLY DISCLOSE MY INVENTION?
The best answer is that you should only publically disclose your invention after you have filed your patent application. This ensures the greatest degree of safety. Public disclosure includes any form of publication, such as posting on the internet in any form, publishing it in a journal or magazine, or even speaking about it at a conference.
中国发明家
Foreign Filing License requirements in China
More patent applications originate from China than any other country, and in 2020 China became the biggest source of international (PCT) patent applications in the world, pushing the United States out of the top spot it has held since the global system was set up more than 40 years ago. So we have created a detailed section just for the incredibly inventive and hard-working applicants from the Peoples Republic of China. Many countries (including the USA and China) require you to obtain a Foreign Filing License (FFL) before you file in another country. If you are not in China when you make the invention, then no Foreign Filing License is required. But a Foreign Filing License is required if you make the invention while you are living in China, but you want to file a patent application in another country.
There are TWO WAYS you can file a patent application in the US: (1) You can either file first in China, after which you will receive a FFL in about 30 days - then you can use Patent Pathway to file in the USA. Or (2) If you want to file outside China before (or instead of) filing in China, then you need to submit the application to the PRC Patent Office (CNIPA) for “confidentiality examination”. The average pendency for confidentiality examination is only 2 to 3 weeks (far shorter than the allowed timeline of 4 and 6 months). The system is efficient and quite simple. You can always call the CNIPA to check on the status. Below we set out the process for various patent filing options.
Filing directly in a foreign country before filing in China. In this case you need to request Confidentiality Examination before you file. To request Confidential Examination you must do the following. (1) Make sure you have your final and complete patent application specification in Chinese and in the other language you intend to file in. (2) Contact the CNIPA and get a form called “Request Form for Confidential Examination of the Application for Patent in Foreign Countries and Specification for Technical Solution”. (3) Fill out the form and send it to the CNIPA with the two copies of the specification.
Filing in China first. You can file in China first and then file in foreign countries. To make things efficient, the applicant should submit the Request for Confidentiality examination at the same time or after filing the Chinese application. You should get your Confidential Examination notice within about 30 days. If you do not, you should contact the CNIPA and request the status of the Confidential Examination. You can also request confidentiality examination after filing Chinese patent application. You just need to submit the Request Form for Confidentiality Examination. In this case you do not need to submit a new specification in Chinese or in the other language. Note that the application to be filed in foreign countries shall be “consistent in content” with that filed in China.
Filing through PCT. Filing a PCT application to CNIPA will be regarded as filing the request for confidentiality examination for patent to be filed abroad. As there is no need to file the request for confidentiality examination separately. Normally, when CNIPA issues the “PCT International Application Number and International Application Date Notification”, it means that confidentiality examination has been completed and the technologies of this patent application do not have to be kept as confidential.
Procedure of confidentiality examination at the CNIPA
1. Confidentiality examination for applications going abroad directly, before filing in China.
(i) First, you need to submit your request for Confidentiality Examination to the CNIPA. Where the format of requesting documents does not conform to the rules, the examiner will notify the applicant that the request is deemed to have been withdrawn. Applicant should file a new request for confidentiality examination that conforms to the rules.
(ii) Where there is clearly no need for the invention to be kept secret, the examiner shall inform applicant that they are allowed to file for patent in foreign countries, and the examiner will forward the decision to the Committee of Science and Technology. After receiving affirmative notification, applicant could take the notification to the CNIPA and ask for the issuance of priority certificate.
(iii) Where the examiner finds that the invention may need to be kept as secret, examiner shall notify applicant that the invention needs further confidentiality examination, and shall not be filed abroad for the moment. Examiner informs the applicant of the above review outcome through notification of decision of confidentiality examination for patents going abroad. If applicant does not receive such notification within 4 months from the date of filing the confidentiality examination, then the applicant is allowed to file patent applications in foreign countries.
(iv) Where applicant has been told to postpone the application in foreign countries for the moment, the examiner shall perform further confidentiality examination, and when necessary, may invite the assistance of technical experts in relevant fields.
(v) The examiner shall issue the decision of confidentiality examination based on the result of review and shall inform the applicant of whether they are allowed to file in foreign countries.
(vi) If the applicant has not received a negative decision on confidentiality examination within 6 months since the date of filing confidentiality examination, the applicant can then file in foreign countries.
2. Confidentiality Examination for application to be filed abroad after filing application in China first
(i) Where applicant intends to file a patent application in foreign countries after filing in the PRC Patent Office (CNIPA), the applicant shall submit a request for confidentiality examination for patents going abroad at the same time as filing patent application (quicker), or after filing the application. The content of the application to be filed abroad shall be same with that filed in China. The procedure of confidentiality examination at the CNIPA is the same as in (1) above.
3. Confidentiality review procedure for international (PCT) applications
Where applicant files international (PCT) patent application in the CNIPA, it shall be deemed that the applicant has automatically requested confidentiality review for patents going abroad simultaneously. For PCT applications that need not to be kept as secret, examiner shall follow normal procedure as above. For a PCT application that needs to be kept as secret, examiner shall issue the Notification of Not Forwarding Record Copy and Search Copy for National Security Reasons within 3 months from the filing date, and notify the applicant and the International Bureau that the international application will not be handled as international application, and terminate the procedure of the international phase. If you do not get a negative notification within 4 months, then it is most likely that you can file abroad, but you should still contact the CNIPA to confirm.
Contacting the CNIPA
For more information: on the CNIPA webpage, Look for “Confidentiality Examination: http://english.cnipa.gov.cn/art/2013/7/17/art_1349_81674.html
The CNIPA (https://www.cnipa.gov.cn/) are very helpful. You can contact the CNIPA:
By letter: CNIPA, No. 6, Xitucheng Lu, Jimenqiao Haidian District, Beijing City 100088
By telephone: CNIPA Customer Service Center: 010-62085588/5599, 010-62356655; CNIPA Number for Patent Application: 010-62085500.
Email us at admin@patentpathway.com if you have any questions. Our attorneys have excellent relationships with well-established PRC law firms, so if you need any help directly from Chinese patent attorneys, just let us know. We will be happy to put you in touch with our colleagues.
I AM EMPLOYED BY A COMPANY / UNIVERSITY OR I AM A STUDENT - IS THIS A PROBLEM?
Almost all companies, especially tech-heavy ones, will require you to sign an IP assignment agreement as part of your employment contract. This will automatically assign to the company any IP you invent using company resources or on company time, especially of it relates to the company's technical field. However if you invent something on your own time, not using company resources, and it is entirely different from what the company does, then it should not be covered by the employment contract, and you should retain full rights. You absolutely must read your contract before you decide to file a patent application and you may want to clear it with the company patent attorney first. If the contract claims ALL inventions you create, it may well not be enforceable, but only an attorney (not one who works for the company!) can tell you for sure.
If you work for a University, you will have signed an employment contract which assignes all inventions to the University. Again, if you invent something on your own time, not using university resources, and it is entirely different from what the university does, then it should not be covered by the employment contract, and you should retain full rights. With many US universities (such as UC) patent rights are usually equally split three-ways, with 1/3rd each to the university, the department and the inventors. But check this with the university tech-transfer office.
If you are an undergraduate student, and you are not employed by the university, then you are almost certainly not under an assignment agreement, and anything you invent is your own. If you are a research student or post-doc etc, especially if you are paid, you may have had to sign a contract and be under an obligation to assign, just like other university employees. But again, if you invent something on your own time, not related to the university research, then it probably belongs to you. See the UCSF policy for a typical assignment policy https://policies.ucsf.edu/policy/100-25
CAN I GET HELP WITH PATENT DRAWINGS
There are many excellent companied that will take our hand-drawn designs and draw them professionally so they are acceptable to the US Patent Office. Just email us and we will suggest some you can use with confidence.