Expert: George H. Morgan, P.E., Patent Agent - 8/26/2009

Question
My questions are as follows:
1) ls it possible for someone in another country to register a patent in us
2) How long does it take from application to approval , i.e for something like an improvement on watches.
3) How much does it cost for registering a patent.
4) Do l need to send the prototype when filling.

Answer
1. A non-resident can apply for a patent in the U.S., but they must go through a Registered Patent Agent or Attorney admitted to practise before the U.S. Patent Office. If it is for an invention already awarded a patent in another country, it is too late. We really don't "register" patents already awarded.
2. A design patent (i.e. shape, form, or decorative pattern type of thing) six months seems typical. For a utility patent, maybe three years or four, from start to finish. A watch mechanism improvement would be a utility patent while a design of the case would be a design patent..
3. A design patent application small entity fees is just under $300 as I recall. A utility patent application small entity fees is $545.
4. A prototype is not required in a U.S. patent application. The only time it is called for, if the examiner does not believe the "invention" is physically possible, and he/she asks for a demonstration. This often happens when someone tries to patent a perpetual motion machine.

Hope this helps. The book, "Patent It Yourself" by David Pressman, published by Nolo Press is a great source for detailed information.

Beware of the scammers. There are many operating in the U.S. Some examples are Davidson, Inventtech, Franklin Forge, Invention Submission Corporaton, IP&R,and possibly Absolutely New Idea. Extreme caution advised.

George H. Morgan, P.E.
Professional Engineer (since 1958)
Patent Agent (since 1973)