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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
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Experience:  Experienced in intellectual property law
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Howdy Im considering patenting a process for recording

Resolved Question:

Howdy

I'm considering patenting a process for recording audio on multiple computers. Can you tell me the steps I should take, the approximate length of the process (in weeks or months) and perhaps the costs involved?

Also, how should I verify that my idea isn't already patented? Or should I bother?

Are there any other issues I should be worried about?

Thanks
Jesse Joudrey
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 1 year ago.

Alex Reese :

Hello

Alex Reese :

First you should fully document your idea with written description and drawings. You should also try to do a search for potentailly related patents (as close as you can find) by running keyword searches on Google Patents or USPTO.gov. Next you should meet with a patent attorney/agent to discuss your invention, prior art, and the potnetial patent filing options.

Alex Reese :

Once you file a utility patent, the process is slow and it will take many months to get an initial response, and there will be back and forth between the PTO and your patent attorney over various issues as you argue that the patent should be granted. This process may also require you to amend your patent application. The process takes at least a couple years.

Alex Reese :

The cost for preparing the application depends on the attorney you use and the complexity of the invention, but you can expect over $5k.

Alex Reese :

If I am offline when you response don't worry I will check back

Customer:

Searching the USPTO is a good way to prevent wasting money on the rest of the process, I presume. Is a more thorough examination part of the filing process? Does the USPTO do one when we file? Or is this usually done by the filing law firm?

Customer:

After the utility patent is filed, is that when "patent pending" comes into play?

Customer:

How often to patent filings fail? When they fail, why? and is the cost lower if you don't go all the way through the process?

Expert:  N Cal Attorney replied 1 year ago.
I do not know what happened with the prior Expert who did not actually post a response.

My opinion is that this is too obvious to be patentable, and it is already commonly accomplished as follows:

Input from digital microphone leads (direct or via amplifier) to a MIDI distribution box which then leads to the multiple computers (via additional distribution boxes as needed) with MIDI to USB adapter cables from the distribution boxes to the computers.

Unless you have invented a completely different method, I do not see this as a patentable invention.

I hope this information is helpful.

If you have invented a new way of doing this, please let me know prior to rating my answer and I will reconsider this issue.

Thank you for using Just Answer.
Customer: replied 1 year ago.

My question was not about evaluating my invention, so I left out the details of it.

 

Expert:  Alex Reese replied 1 year ago.
The PTO examiner will do their own search of prior art when evaluating your patent application. You can have the law firm conduct a search prior to filing, but most people skip it because it can be costly. The cost I quoted is for the initial application, not follow up proceedings (i.e. responding to office actions). So the cost of going through the whole process will be a lot more than $5k, but nobody can predict how much exactly. Yes, once it is filed it is "patent pending." It's hard to say what % of applications are ultimately granted, because applications are often amended during prosecution, but 50% is an estimate. As to "why" a patent is denied, that varies by case.
Alex Reese, Lawyer
Satisfied Customers: 3029
Experience: Experienced in intellectual property law
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