FAQ/Fees

Our Dallas Patent Attorneys advise clients on preparing, filing, and prosecuting applications to patent products and processes. Before our clients invest in a patenting strategy, we recommend conducting a prior art and patentability search before filing a patent application. Our Dallas Patent Attorneys remain vigilant and help our clients enforce their rights against infringers and aid in negotiating and securing patent licenses and cross-licensing agreements.

Unlike some firms, our Dallas Patent Attorneys typically offer most patent-related services using a flat fee cost arrangement. Our clients know these costs upfront and thus there are no surprises.

Here are our top 5 Frequently Asked Questions:

Q. What is a patent?
A. A patent for an invention is the grant of a property right to the inventor to "exclude others from making, using, offering for sale, or selling" the invention in the United States or "importing" the invention into the United States. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States.

Q. What are the differences between utility, design, and plant patents?
A. Generally, a "utility patent" protects the way an article is used and works, while a "design patent" protects the way an article looks (non-functional, ornamental aspects). Some articles may be good candidates for both kinds of patents based on its utility and ornamental appearance. Consult a patent attorney to inquire whether your specific innovation could best protected by a utility patent, design patent, or some combination.

Q. Can a software innovation be patented?
A. Generally, yes. Certain software-based innovations may qualify for a patent if the subject matter produces a useful, concrete, and tangible result. Consult a patent attorney to inquire whether your specific software-based innovation could qualify for a patent.

Q. What is the average cost for conducting a prior art or patentability search and the subsequent filing of a patent application?
A. Our Dallas patent attorneys can provide you with a flat fee estimate for a prior art search and filing a patent application. Generally, however, the cost to conduct a search could range between $1,500 and $2,500. Depending on the search results and the complexity of the innovation, the filing of an application could cost between $5,000 and $10,000 (exclusive of any U.S. Patent and Trademark Office patent filing fees).

Q. What does the term "patent pending" signify?
A. A manufacturer or seller of an article uses the term "patent pending" to inform the public that an application for patent on that article is on file in the United States Patent and Trademark Office. Care should be taken before marking an article as "patent pending." The law imposes a fine on those who use the term falsely to deceive the public. Consult a patent attorney before marking any article or associated advertising material with this designation.