Q: I invented a model for analyzing linguistic deficits in Aphasia. I would like to know how to get a patent quickly please

A: First, while inventors may apply for patents themselves, I STRONGLY recommend you hire a patent attorney to prepare and prosecute your application. This is especially true considering your invention appears to involve methods of treatment involving analytical models, which is an area of patent law undergoing rapid change. There are many pitfalls for inexperienced applicants that can result in you wasting your time and money, while also making public disclosures that can prevent you from obtaining a patent in the future even if you hire an attorney later on.

With regard to time, the Patent Office estimates that the average overall time from filing to a final disposition (either abandonment or issuance) is currently 25 months. In most cases, a patent examiner does not begin substantively reviewing a new application until at least 18 months after filing. The actual time it takes to examine a patent application will depend upon the applicant's delays in response, the Patent Office's own internal delays, and the number of rounds of correspondence needed to resolve the case. It is not unusual for inventions involving complicated or emerging technologies or inventions in crowded fields to take closer to three years to issue.

With regard to cost, you can expect a patent attorney to charge between $10,000 and $25,000 for an average case. The cost will depend greatly on the complexity of the invention and technology, the amount of detail you can provide to your patent lawyer, and the number of rounds of correspondence needed to resolve the case. If an appeal becomes necessary, this will add significantly to the overall cost. Following issuance, it will also be necessary to pay additional fees to the Patent Office over the life of the patent to maintain its validity. These fees vary from about $5,000 to $13,000, depending on the size of your company.

With regard to the steps involved, the first step is an invention disclosure and inventor interview with your patent attorney so that they may familiarize themselves with the details and scope of your invention. The next step is a comprehensive patent search and analysis to identify any prior art or other issues that may prevent you from obtaining a patent. The next step is to draft and file the application. 18 months after filing, the patent will become published by the Patent Office and will be reviewed by an examiner whose background is specialized to your invention's particular field. If the examiner rejects the patent application for any reason, then you must respond with legal arguments and amendments to your application to overcome the grounds for refusal. Generally speaking, examination will continue in rounds of rejection and response until all grounds of refusal are overcome or until the applicant decides to abandon the application.

A: To obtain a patent for your invention, you will need to file a patent application with the United States Patent and Trademark Office (USPTO). The process of obtaining a patent can take several years and involves several steps. Here is a general overview of the process:

1. Conduct a patent search: Before filing a patent application, it is important to conduct a patent search to ensure that your invention is novel and non-obvious. You can conduct a patent search on the USPTO website or hire a patent attorney to conduct the search for you.

2. Prepare and file a patent application: Once you have determined that your invention is novel and non-obvious, you can prepare and file a patent application with the USPTO. The application should include a detailed description of your invention, including any drawings or diagrams that may be necessary to explain the invention.

3. Wait for examination: After you file your patent application, it will be assigned to a patent examiner who will review the application and determine whether your invention meets the requirements for patentability. This process can take several years, depending on the backlog of applications at the USPTO.

4. Respond to office actions: During the examination process, the patent examiner may issue office actions requesting additional information or amendments to your application. You will need to respond to these office actions in a timely manner to keep your application moving forward.

5. Receive a patent: If your application is approved, you will receive a patent that gives you the exclusive right to make, use, and sell your invention for a certain period of time, typically 20 years from the date of filing.

The cost of obtaining a patent can vary depending on several factors, such as the complexity of your invention, the number of office actions issued by the patent examiner, and whether you hire a patent attorney to assist you with the process. The USPTO charges fees for filing and examining patent applications, and these fees can range from a few hundred to several thousand dollars.

Overall, the process of obtaining a patent can take several years and can be complex and expensive. It is important to work with an experienced patent attorney who can guide you through the process and help you navigate any challenges that may arise.