Patents

The U.S. Patent and Trademark Office may grant a patent for new, useful, and unobvious apparatuses and methods (utility patents), as well as new and unobvious ornamental designs (design patents). Examples of utility patents are those on the laser, the method of assisting persons to stop smoking by application of transdermal nicotine patches, and the software cryptographic method known as public key encryption. Examples of design patents are those on many models of basketball shoes and that on the Rolls Royce hood ornament and the Statue of Liberty (now expired). A patent gives you the exclusive right to make, use, and sell your invention in the United States for twenty (20) years after the filing date (fourteen (14) years from the date the patent is issued for a design patent).

Before applying for a patent, you should search the trade literature and existing patents to see if someone else has already described your invention or something close. A good place to do this is the University of New Mexico Centennial Library, whose phone number is (505) 277-4412. The staff there are extremely helpful. You might also explore the search capabilities at the U.S. Patent & Trademark Office website.

Patent applications are difficult and complex documents both technically and legally. It is highly recommended that you contact a patent attorney or agent to assist you in filing a patent application (or deciding if one is worthwhile). The total cost of acquiring a utility patent will ordinarily be at least $10,000, so only inventions likely to have significant commercial potential should be protected. It ordinarily takes at least two years to complete the patenting process.

Since 1995, the option of filing a provisional application has become available. These need not have the high formality of a formal utility patent application, and so can be inexpensive to file ($1,000 to $2,000 with the help of an attorney). After filing a provisional application, the inventor has a year in which to find adequate funding for the rest of the project. A formal utility patent application must be filed before the end of the year. "Patent pending" status applies during this year. Foreign patent applications in most countries must be filed by the end of the year.

More information on patents is available from:

• Commissioner of Patents
  Washington, D.C. 20231
  (703) 308-HELP