What is a Patent?
A patent is a grant from the United States government. You disclose your invention—how it works, how it's built, and what makes it novel. In exchange, you receive the right to exclude others from making, using, selling, or importing your invention for a limited time (typically 20 years from the filing date).
That right is a valuable asset: it can be licensed or sold, and it can give you a competitive advantage and credibility with investors. You can mark products "Patent Pending" while your application is pending, and, once the patent issues, "Patent" or "Pat." with the patent number (or a web address listing it), which preserves your right to past damages.
Provisional vs. Non-Provisional Patent Applications
Provisional Patent Application
A provisional patent application is a cost-effective way to establish an early filing date without the full formal requirements of a utility application.
When a provisional makes sense: You're still refining your invention or testing the market, you need to show investors "Patent Pending" status, you want to lock in a filing date before public disclosure, you need time (up to 12 months) to prepare a full utility application, or you want to minimize upfront costs while maintaining patent rights.
Pricing factors: Mechanical devices and physical inventions typically fall at the lower end ($3,500), while software and algorithm-heavy inventions require more complex descriptions and typically cost more ($4,500). The number of drawings and technical complexity also affect pricing.
My approach: I draft provisional applications with enough detail and technical depth to support robust utility claims later. A poorly written provisional can be worse than no provisional at all.
Non-Provisional (Utility) Patent Application
A utility patent application is a complete filing that undergoes examination by the USPTO. If approved, it results in an enforceable patent.
When to file a utility application: Your invention is fully developed and ready to patent, you're ready to commit to the patent process (examination typically takes 1–3 years), you're ready to invest in comprehensive patent protection, or you're converting a provisional application before its 12-month deadline.
Pricing factors: The cost depends on the number of independent and dependent claims, the complexity of the technology, the number of drawings required, and whether the invention involves mechanical, electrical, or software elements. I'll provide a specific quote after our consultation.
Software and Algorithm Patents
Software patents are challenging but achievable. The key is showing that your software innovation is tied to a concrete technical implementation—not just an abstract idea.
With more than 35 years of software development experience, I know how to identify the patent-eligible aspects of your software invention, connect algorithms and data flows to specific hardware or technical processes, draft claims with the USPTO's Section 101 patent-eligibility (Alice/Mayo) framework in mind, and respond to "abstract idea" rejections with technical arguments grounded in how the software actually works.
Not all software is patentable, but many innovations are—if presented correctly. I'll give you an honest assessment during our consultation.
Common Patent Questions
What's the difference between a provisional and non-provisional patent?
A provisional application establishes a filing date and allows you to use "Patent Pending" but is never examined and never becomes a patent. You have 12 months to file a non-provisional application. A non-provisional application is examined by the USPTO and, if approved, becomes an enforceable patent.
How long does the patent process take?
Provisional applications can be filed within a few weeks. Non-provisional applications typically undergo examination for 1–3 years before a patent is granted or the application is abandoned. The timeline depends on the technology field and USPTO backlog.
How much does a patent cost in total?
My attorney fees range from $3,500–$4,500 for provisional applications and $4,500–$9,500 for non-provisional applications. In addition, there are USPTO fees (from $65 for a micro-entity provisional application to about $2,000 for a large-entity non-provisional application's filing, search, and examination fees) and maintenance fees after the patent issues (about $2,900 total for a micro entity, $5,800 for a small entity, or $14,500 for a large entity over the life of the patent). Other costs can include the USPTO issue fee when the patent is allowed ($258 micro / $516 small / $1,290 large entity), any excess-claim fees, drawing costs, and attorney fees for responding to office actions, which are quoted separately. I'll explain all costs upfront.
Can I patent software?
Yes, but it's challenging. Software patents must show that the innovation is tied to a specific technical implementation, not just an abstract idea. With more than 35 years of software development experience, I draft software applications with the USPTO's patent-eligibility (Alice/Mayo) framework in mind. Not all software is patentable, but many innovations are when properly drafted.
What can't be patented?
The USPTO will reject applications for abstract ideas (mathematical formulas without concrete implementation), laws of nature (natural phenomena), products of nature (naturally occurring substances), non-useful inventions (inventions that don't work), and inventions already known to the public before your filing date (your own public disclosure gets a one-year U.S. grace period, but most foreign countries give none).
Do I need a patent search before filing?
While not required, a patent search is highly recommended. It helps assess whether your invention is novel and whether it's worth investing in a full application. I can conduct a preliminary search of existing patents and publications to identify potential issues before you invest thousands in a patent application.
What is "first to file" and why does timing matter?
The U.S. uses a first-inventor-to-file system. Generally the first to file wins, though an inventor's own public disclosure within the year before filing can protect them (35 U.S.C. 102(b)). Additionally, if you publicly disclose your invention (at a trade show, in a publication, or through a sale), you have only one year to file a patent application. After that, your invention is considered public domain and cannot be patented.
How long does patent protection last?
Utility patents last 20 years from the filing date. You must pay maintenance fees at 3.5, 7.5, and 11.5 years after issuance to keep the patent in force. Miss a maintenance fee deadline and the 6-month grace period (which requires a surcharge), and your patent expires.
Can I file a patent myself?
Technically yes, but it's rarely advisable. Patent law is complex, and poorly drafted applications often result in weak patents that don't adequately protect your invention—or rejected applications that waste your time and money. Working with a registered patent attorney, especially one familiar with your technology, can help you avoid common drafting and prosecution mistakes.
Why Work with the Law Office of John R. Nelson for Patents?
- 35+ Years of Engineering & Software Experience: My engineering and software background lets me get up to speed on your technology quickly.
- Selective, Quality-Focused Practice: I don't take every case. I focus on inventors and businesses with serious innovations worth protecting.
- Clear Pricing Ranges: You know the drafting fee before we start, and later work is quoted before it is done. Specific quote provided after consultation based on your invention's complexity.
- Honest Assessments: I'll give you my candid opinion on whether your invention is likely patentable—and if it's not, I'll explain why and suggest alternatives.
- Direct Attorney Service: You work with me personally, not junior associates or paralegals.
- Remote Convenience: Phone and Zoom consultations available nationwide.
Ready to Protect Your Invention?
If you have a serious innovation and want honest guidance from an attorney who understands both the technology and the law, let's talk.
Schedule Your Patent Consultation