Patents, Trademarks,
Copyrights, Licensing

Patent Law

Unless you want to maintain your invention as an absolute secret a patent is necessary to prevent others from using your invention.  A patent is a monopoly granted by government to limit outsider use of the patented invention.

In other words, the owner of a patent is able to prevent others from making, using, selling, or importing the patented invention.

Patents are a recognized property right to the invention and are used both to potentially license the technology to third-parties as well as to defend from accusations of patent infringement by competitors.

Not all inventions are good candidates for patent protection. An invention that has been shown or discussed in public before an application was filed may not be patentable. Further, only “sufficiently new” inventions can be patented—common improvements to pre-existing products are generally not patentable.

Cherskov Flaynik & Gurda, LLC

Patent Services

The patent attorneys working at Cherskov Flaynik & Gurda, LLC can help you decide whether your invention is a good candidate for patent protection. If the invention is potentially patentable, we can represent you in front of the U.S. Patent Office. The process of attempting to obtain a patent at the U.S. Patent Office is called “patent prosecution.”

Given the expense involved in obtaining a patent, and the requirements of patent law, not all inventions are good candidates for patent protection. Our office will first review your potential invention and help you decide if applying for patent protection is a good idea.

If we decide that the invention is a good candidate for protection, we will first draft an application, and then file same with the relevant Patent Office. Some inventions require protection only in the United States, other inventions are candidates for filing of patent applications in other countries.

Once an application is written and filed, our office officially represents you before the relevant patent authority. As attorneys working in the United States, we represent clients in front of the United States Patent Office and during the initial phases of international applications. For applications in other countries we work with competent foreign counsel.

Patent applications are reviewed both for legal and technical compliance. Our office works with the patent office to get the application allowed. However, the process of review can take years and may include many exchanges with the patent office. Each time an application is acted upon, the patent office issues a document called an “office action.” As part of our representation, we respond to these office actions.

In summary, the process for filing a patent using the services of our office involves these steps:

  1. Rendering of an opinion as to whether the invention is a good candidate for patentability.
  2. Drafting of an application.
  3. Filing of an application
  4. Responding to legal and technical office action responses.

Costs and Process

Our office does not provide fixed cost pricing for patent work, because every invention is different. Instead, patent cases are billed for actual time spent on the case.

In general, the first phase of the patent process (the search and opinion) will cost approximately $1800.

The second phase, the writing of the application, will vary greatly, but generally costs between $5000-$9000.

The filing of the application does not involve a lot of work on our part, but it does require payment of government fees. The filing fee in the U.S. Patent Office is approximately $500. Filings abroad cost $2000 or more, depending on the jurisdiction.

Responses to the U.S. Patent Office generally cost about $1500 per response. In most cases, it is evident whether the application is making progress after the second office action. However, often four or more exchanges with the Patent Office are needed before the case is allowed.

The above numbers are a rough estimate. Please contact our office to discuss the costs involved in your case.

Patent law is notorious for the strict deadlines involved in attempting to secure protection. The deadlines are particularly important if you wish to seek patent protection in countries outside of the U.S.

We urge you to contact our office and discuss the costs of the alternative types of intellectual property protection that may be suitable to your project.

Commitment to excellence

For a free consultation, please call or e-mail us:

+1 (312) 621-1330