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Question added to topic Legal Basics For StartupsFebruary 13, 2009

How long does the patent process last?

What are the fees included with receiving a patent? Are patent attorneys a must?
Patents are their own, strange animal within the intellectual property family. It takes specialized knowledge to write a successful patent application. While there are non-lawyers who are well-versed in writing patent applications, they cannot necessarily advise you properly about which patent is right for you, or any of the legal ramifications of an unsuccessful patent.

A patent typically takes two to three years to obtain (although it can take longer) and the fees for obtaining one can mount into the many thousands of dollars, depending on your invention and what you are trying to protect. If you're going to spend the money to get a patent (which lasts 21 years), do it right -- don't do it yourself (unless, perhaps, you are a patent attorney).

Speak to an attorney who specializes in patent law to get clear on the process, the preliminary searches and investigation you may want to undertake, the costs and fees involved, and the extent to which you have the capitalization to really market the product once you have the patent.

Nina L. Kaufman, Esq. is an award-winning New York City attorney, edutainer and author. Under her Ask The Business Lawyer brand, she reaches thousands of entrepreneurs and small business owners with her legal services, professional speaking, information products, and LexAppeal weekly ezine. She also writes the Making It Legal blog.

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