Obtaining intellectual property protection can be an expensive process and you should carefully review your financial resources as part of your overall business plan. Your intellectual property professional can advise you of the anticipated expenses, and timelines by which decisions must be made. Professional fees charged by patent and trade mark firms vary depending upon the complexity of the matter and you should discuss these fees with your professional.
Once your respective application is filed, there are a number of natural stages at which you may evaluate your progress in exploiting your intellectual property before deciding to take the next step.
For patents, these stages are usually when you pay the annual government fees to maintain your patent application; when your application is examined; and when your application is allowed and the issue fee paid. If you choose, examination of your application can be deferred for up to five years from the filing date of your application.
For trade marks, these stages are usually when your application is examined; if an opposition by another party is initiated; when the registration fee is paid, together with any necessary declaration of use; and upon renewal of your registration after fifteen years.
For industrial designs, these stages are usually when your application is examined; and upon the payment of a maintenance fee at the five year mark.
Fou should also review the success of your invention at such time as you consider filing foreign applications. For convention priority applications having regard to trade marks and industrial designs, these decisions must be made within six months of your original filing date, and within one year of your original filing date for patents.
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The comments contained herein provide a brief overview only and should not be regarded or relied upon as legal advice or opinion.
01/2007