Q: Who can apply for a patent?

A: According to the law, typically only the inventor can apply for a patent on his or her invention.

Q: What happens if the inventor can’t file the patent?

A: If an inventor is dead or declared insane, a legal representative or guardian of the inventor may apply for the patent on the inventor’s behalf.

Q: How do I apply for a patent?

A: A wealth of information and specific filing instructions exist at the US Patent and Trademark Office Website, www.uspto.gov.

Q: Must I hire a patent attorney to file for a patent?

A: No, you don’t have to; however, you may want to. A qualified patent attorney can help you with this complex process. If you choose to hire an attorney, choose one who specializes in patent law and always get an estimate of charges before signing any agreements. You can check with your local bar association to determine if they offer an attorney referral service.

Q: Can SVIC help me apply for a patent?

A: We prefer to work with technology that has already been granted patent protection.

Q: How long does it take to get a patent?

A: It varies, but can take several years from the time the application is filed to receive the patent.

Q: What does the term “patent pending” mean?

A: Patent pending is a term used on a product to inform the public that a patent application is on file with the US Patent and Trademark Office. The term “patent applied for” means the same thing. If a manufacturer uses the term on a product falsely, they will be fined.

Q: Can more than one person apply for a patent on the same invention?

A: If more than one person develops an invention—that is they each contributed ideas to help form the invention—they can file a joint patent application. Someone who only contributes money to help develop the invention is not considered a joint inventor and cannot be named on the patent.

Q: Who decides if a patent will be granted on an invention?

A: In the United States, the US Patent and Trademark Office has the authority to grant patents.

Q: Is there a single worldwide patent?

A: No, but the World Intellectual Property Organization has enacted a treaty that makes the process of filing for a patent in multiple countries much easier. The Patent Cooperation Treaty enables an inventor to file one international patent application (in addition to the main patent) when applying for a patent in more than one country for the same invention. The treaty was drafted by the WIPO, signed by more than 50 nations and became effective in 1978.