My opinion is that: World is divided into different professions. We are scientists and we do science in narrow, specyfic field. We are not lawyers and first contacts with patent law shouldn't be led by ourselves.

In Europe most patent agencies don't care who wrote the patend application but how it's done. Besides without no experience it is difficult to write proper claims.

Dr. Sollohub, thanks for giving your opinion Sir/mam. But the patent attorneys are asking for a high consultation fees, and it diversely varied with the type of patent filed. And when the funding is not there, it is very difficult to spend a huge amount in filing a patent. Is there any funding agencies, who can bear these expenses.

Dear Rajeev, if you would like to do it well, better use an attorney. now, $$$$$ yes it is expensive. I do not know any agnecies that will cover the cost, but did you look around your institute/uni.

The great question that I have: Do you have material for a patent, I mean your discovery is worth the $. If so, maybe you could try to approach private investors?

Dear researcher

I would further like to add a sub-question. Hope you won't mind it?

What is the cost incurred in filing of patent, may it be US or European? Does anyone have an exact idea of the expenses incurred in patent processing?

Because there are general beliefs that filing a patent requires a huge sum of money (may be crores in INR). Is it correct? What is the exact scenario?

Regards

very interesting question Dr Nahata. The cost increases, I think, with the level of protection: how many contries? What I saw in the past was the cost of the patent attorneys, not cheap! Hope we have one or 2 here that could contribute.

As far as I am concern these days, $$$$$ is a problem but again is it worth the $ and furthermore what is it worth in term of protection, a patent?

Dear Laurent, Thanks a lot for providing this information. Sir, my work is of immense use. I designed a tetracyclic structure, which is a novel tetracyclic form, easy to synthesize, good percentage yield and potential anticancer agent as compared to standard drugs as well as active against Methicillin resistant Staphylococcus Aureus. Though there is still much more to do here to prove this novelty. But I am actually concerned about the funding and the expenses.

Dear Dr. Nahata,

Sir, the patent is not costing in crores, thats for sure. But in lacs. And the maximum part is to be taken by the patent attorneys, not the cost of filing patent.

Dear Rajeev, this is a good question most entrepreneurs struggle with. First of all you have to determine why you want to file a patent, this might sound like a strange question but many people think that filing a patent is suddenly going to cause them to make millions. This is simply not true, you need to have a very clear idea of where the market lies for your product, who is your buyer and where do they operate and what would work for them?

Do you want to take the product to market? Do you have funding to protect your patent when it is challenged in court? All these things matter before making a decision about patenting. Most likely if you are not willing to quit your job and pursue this matter with everything you have, write a proper thought through business plan and pitch it to investors / VCs, proving to them that this is worth all your effort and time they would probably not be interested.

That said, I would first get an investor before bothering with patents. It is a waste of time and money if you are not willing to follow it up with further development and testing in the field. If you are not willing to do this yourself, maybe your institution have a commercialization office that can take this further for you and make the business plan and pitch to investors?

Bottom line is if you do not have a clear strategy of how you will sell this and to whom you could just as well publish your work as file a patent, there are many examples of people filing patents that cost them a fortune and nothing coming of it.

O yes and the first round patenting usually is not that expensive if you file via one of the international treaties (depending on your country), this will protect you in all the major locations, usually for 12 - 24 months in which time you can find an investor that would pay for the final filing of the patent in the locations you choose. Problem is that if you fail to do this in the 12 - 24 moths your patent becomes public domain.

About your question regarding the attorneys, yes absolutely go with an attorney, if you do this yourself (technically possible) you will get the patent filed but it would most likely be overruled in the first court case because of your lac of experience, not recommended.

Thanks a lot Dear Cobus. I will think in this manner........

Hi Rajiv, how can I contact you. I would like to assist you in filing your patent. Or you can contact me on [email protected]

Thanks Swati, you may mail me at [email protected] .

I agree with comments on having an IP professional draft and file your patent application. An alternative to hiring a patent attorney, in the US, is to hire a registered patent agent. A patent agent is significantly cheaper than an attorney, has the requisite technical credentials, i.e., an engineering degree, and met all the requirements of the patent office via an extensive exam on patent law - the exact same requirements that patent attorneys must meet. The key difference is that patent attorneys have a juris doctorate (law degree). There are also certain things that agents can not do that attorneys can such as draft legal opinions and represent you in court. Also note that many law firms utilize patent agents for a significant amount of patent drafting and prosecution.

If, after fully considering the suggestions of Cobus Zwiegelaar above, you decide to with an agent or attorney, ask for exemplary patents they have drafted and make sure they have the technical background to fully understand your invention.

Another comment on patent costs: the general rule of thumb I use is $25,000.00 US for a quality patent in each country over the life of the patent which includes drafting, filing, prosecution and maintenance/annuity fees. Some patents cost more, some less.

You may consider filing a provisional patent application, which is generally cheaper to prepare and file. The provisional patent application serves as a one year place holder for your priority date. This will give you time to determine whether there is a market for your invention and also secure investment. If, after the one year, you haven't found anyone interested in your idea, you can choose to not pursue your invention, and you haven't lost much money. If you're interested in filing in the US, feel free to get in touch with me: [email protected]. I am a solo patent attorney and I am able to charge rates below traditional law firms.

I am an inventor myself and a registered U.S. patent agent. Therefore, I have walked in the shoes of both an inventor and a patent practitioner. Honestly, I would let a patent practitioner to file a patent if the invention is important and has value. My reasons are the following:

1) An inventor, no matter how knowledgeable about the technology and the invention to be patented, has no idea how to write a claim for the invention CORRECTLY. There are more ways to lose patent protection than an inventor would have imagined. . If the IP right is so precious to an inventor, leave the patent work to a professional. A well written patent application may save a lot of money and time during the whole prosecution process before getting the allowance from the patent office.

2) Because an invention is like a baby to an inventor, he or she might be biased when assessing the prior art references and considering different angles, which might put unfavorable light on the new invention. Hopefully a patent practitioner can carefully study both the invention and prior art OBJECTIVELY.

3) Writing a patent application is just the first step towards obtaining a patent. Someone has to deal with the patent office from writing an office action reply to filing a response in time. Although an inventor may be well versed in his or her own trades, learning the legal jargon might not be as easy as separating water from oil.

Good advice above -

1. Use a professional IF you really are going to do something with the patent, if not, you are probably wasting your money.

2. A patent agent (always get references...) probably costs $200/hr compared to $300-350/hr for a patent attorney. For very technical stuff, there are many excellent patent agents who can do an excellent job.

3. Patents are useful if you have started your business and intend on getting financing - most investors expect to have some IP protection on technology they might invest in....their argument is "if its not worth patenting, its not worth investing"...of course if you dont get that investment support, you just wasted a ton of money...

Its advisable and smart move go through professionals .