Patent Applications & Patent Prosecution
IDP Patent Services offers a full range of patent prosecution services including provisional and non-provisional patent applications, patent search and prior art search, patent prosecution, patent reexamination, patent appeal, ex parte examination, post grant review, as well as other specialized services. We also offer international PCT applications and direct international patent application filings, all via our network of international affiliates.
All our US patent application and prosecution work is electronically filed. Our clients receive direct web based access to their personal case files, and are able to follow directly along with status updates and document updates.
We emphasize high quality and simple process flows, and work to ensure a high degree of collaboration and transparency in interaction with our clients. We also believe in ensuring that all services are provided at a reasonable and predictable cost. Almost all services are provided under a fixed or capped fee schedule, covering both the initial application and subsequent prosecution to final issue.
Provisional patent application
A provisional patent application establishes an early filing date, but does not mature into an issued patent. This allows the applicant to file a regular non-provisional patent application within one year, claiming priority to the earlier filed provisional application.
A provisional application includes a specification, i.e. a written description, and one or more drawings if necessary for the understanding of the invention, but does not require patent claims, as well as other documents associated with non-provisional application filing.
We offer a fixed fee schedule for provisional patent applications, based on size and complexity. See our fee section for further details.
IDP Kickstart is the ultimate bundle of patent application services to accelerate capture of innovation for the growing company.
Great for startups and companies that are entering new fields, these packages offer the lowest possible cost for securing wide patent protection and lowering risk of IP loss in emerging technology areas.
We believe that the efficiency gains from concurrent processing of multiple applications should accrue to the benefit of our customers. Consider for example that obtaining a protective “patent minefield” of 10 patents with a traditional high-cost patent attorney or patent agent will normally cost $150,000-$200,000, whereas IDP now offers the same high-quality patent coverage for a total maximum cost of less than $60,000. See our fee schedule for our Gold, Platinum and Diamond IDP Kickstart packages.
Pre-grant Patent Prosecution
Pre-grant patent prosecution is the written negotiation phase leading to issuance of a patent. IDP responds on behalf of our clients to USPTO office actions. Normally a patent is issued after two Office Actions, unless further examination or an appeal is warranted. We offer a capped fee schedule, based on application complexity. This means that we set a maximum fixed fee for patent prosecution, but if less time is spent than anticipated we bill at a lower cost based on our standard hourly rate. The end result is that we establish an overall fixed maximum cost from application to normal patent issuance, (note: meaning issuance without special procedures, such as reexamination, appeal, and reissue). In some cases there is a need for further prosecution, for example via a request for continued examination or an appeal to the USPTO Patent Trial and Review Board.
Non-provisional patent application
A non-provisional patent application is the normal application, which can eventually mature into an issued patent. In comparison with the provisional application, a non-provisional application additionally contains formal patent claims, and is filed with an inventor oath or declaration, and within 3 months an information disclosure statement also must be filed.
We offer a fixed fee schedule for non-provisional patent applications, based on size and complexity. Almost all normal applications are covered by our listed fee schedule. For unusually complex inventions we will issue a specific fixed fee quote. See our fee section for further details.
We conduct a search of United States issued patents and published patent applications. The resulting search report includes a summary of search methodology, primary references found, and a patentability opinion.
IDP Combo Application
Provisional patent applications are becoming an increasingly important tool to ensure fast filing and establish the earliest possible priority date. With the passage of the Leahy-Smith America Invents Act, and transition on March 16, 2013, to a first-to-file priority system, we expect that provisional filing will become a near mandatory process step for optimal patent prosecution.
IDP is therefore now offering a number of value packages to accommodate this growing need. An IDP Combo Application is a service bundle providing one provisional and one non-provisional application. This ensures fast filing, to minimize the risk of a third party claiming the same or similar invention and winning priority under the new first-to-file system, which is now replacing the previous first-to-invent system.
Once the provisional application is filed, the IDP Combo Application is completed within one year, with a non-provisional application, claiming priority to the original application.
An IDP Combo Application is often the most cost-efficient and low-risk method to obtain fast patent protection while at the same time allowing for time to capture evolving innovation. In cases where innovation is ongoing over a period of up to a year, it is possible to add on several consecutive provisional applications, that are then all referenced and claimed in the final non-provisional application.
Post-grant Patent Prosecution
This phase covers a number of patent review options for issued patents, relating to both our client’s own patents as well as third party patents.
We file and prosecute post grant review, ex parte reexamination, and inter partes review on behalf of our clients.