Patents legally restrict others from creating, distributing, and profiting from your invention without your consent. This article provides information on how to obtain a Patent in the United States. Patents may be granted by the US government to individual inventors, groups, or corporations. Anyone, of any age, can apply for a patent. The process is different anywhere in the world, but no matter where you live, you must assess your prospects for successful patent acceptance and then prepare and file any necessary paperwork. You have two options. If you live in the US, you can apply for a temporary patent for more immediate protection or a full patent, which will protect your claims for years to come.
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Part 1 of 3: Assessing Patent Prospects
Step 1. Find out if your idea is eligible for a patent or not
You can patent your idea if it is a process, machine, product, or refinement of one of these. For example, computer software is a product that can be patented, because it is a manufactured product and a “process” that is executed by a machine. Similarly, if you design a software program that does the same work as another program, but is more intuitive or uses a different aesthetic, you can file a patent on this too. An invention eligible for a patent must be new, unpredictable (unpredictable, even by experts in the field), and useful (capable of providing practical benefits; applies only to utility patents). Determine if your invention can give an honest yes to these three conditions or no.
Abstract ideas, natural phenomena, and inventions without utility are not eligible for patents. For example, zucchini does not qualify for a patent, because it is found in nature. Whereas if you can breed zucchini with other vegetables or produce a strain of zucchini that is resistant to disease, you will be eligible for a Patent
Step 2. Define your patent category
There are three different types of patents offered by the US Patent and Trademark Office, but only one is right for your invention. If your innovation does not fall into any of these categories, it cannot be patented.
- Utility patents are granted for new, original, working products that have certain benefits to society. The patent protection offered by utility patents is valid for 20 years from the day the patent is granted (granted). Utility patents are the most common type of patent. For example, if you are designing a self-strapping diaper, you are encouraged to apply for a utility patent, because your invention will perform a new function.
- Apply for a design patent if your product reimagines an existing product in a new way. This patent does not consider the utility of the product. Design patents are valid for 14 years from the date the design patent is granted. This prevents others from copying your product's unique appearance. For example, new car models are released every year. The car has the same function as the previous cars, but is constructed with a different design. To prevent rival auto companies from producing the exact same car, the auto company filed a design patent.
- Seek plant patents for plant strains that you have developed through scientific engineering. This crop patent is the most important type of patent in the agricultural industry, as each company grows specific strains designed to thrive in its geographic climate. Plant patent protection lasts for 20 years from the initial date of filing a patent application.
Step 3. Make sure your idea is not patented
The invention or idea must be significantly different from other previous inventions. Browse past patents for inventions similar to yours and determine whether your idea is better or different enough or not to warrant its own patent. Don't spend time and money developing inventions that other people have patented. Searching large patent databases can be complex and a challenging task.
- Browse the USPTO patent search site. Here, you can search for similar inventions using keywords that describe the invention or that might be used to describe how the invention works.
- Visit the library that holds patent documents in your area to access archives and databases that are free for the general public. Librarians with specific knowledge of patent tracing can help with your research.
- Check scientific or trade journal databases for articles on similar inventions or topics.
Part 2 of 3: Preparing to File a Patent Application
Step 1. Seek professional help
Just completing the administration for a patent alone can be disheartening. Why not look for someone who has successfully filled out and filed a similar patent before? There are several ways to seek professional help. You can hire a patent attorney, seek help from the United States Patent and Trademark Office (USPTO), check whether your county offers free patent filing assistance or not, or visit a law school clinic. All of these sources should have a thorough knowledge of patent law, helping to ensure that you successfully complete a patent application.
- Talk to a patent attorney. Patent attorneys must have a bachelor's degree in science or engineering and must pass the "Patent" Bar exam. Check the USPTO website to find a patent attorney in your area.
- Visit a law school that focuses on patents. There are 19 schools that train their students specifically for the Patent Bar. Each school runs a law clinic where you can ask questions related to patent law and students gain real-world experience. This option is especially good for those who can't afford to hire a patent attorney recognized by the Bar (the lawyer's professional organization), but still want legal advice. All advice given at this legal clinic is vetted by professors recognized by the Patent Bar.
Step 2. Seek government sponsored patent assistance
In the United States and most other countries, the government will provide patent filing assistance as a way to encourage upward mobility.
- Consider the USPTO's Pro Se Assistance program. Pro Se is an outreach program for inventors who wish to apply for a patent for their invention. They will help you get started and compile all the necessary documents to file a patent form. The service provided is free, but an appointment is required due to its physical location in Alexandria, Virginia.
- Some states offer special patent programs. This “self-help” program is designed to help those on low incomes. Assistance is done voluntarily or free of charge to the general public. An initial assessment of your eligibility is made prior to accepting this voluntary assistance.
Step 3. Be careful with scams
There are many online sites that offer help with filing patent applications for an up-front fee. Often times they take the fees you pay and leave you alone. In some of the worst cases, the company actually steals your idea. Search the internet for reputable patent-assisted companies, before choosing which company to use.
What hints at fraud? Fraudsters will do everything to get money up front and refuse to state anything clearly in writing. They'll ask for money by phone or email, but they won't sign a formal contract until later. Make sure that you sign the contract in advance. It's a good idea to have a lawyer check the contract beforehand to make sure that you're not transferring ownership of your idea or promising money without a service guarantee
Step 4. Decide what type of application to submit
Choose an application based on your innovation. You choose a design, plant, or utility patent.
- There are no absolute "international patents", but you can apply for international patent protection. This type of patent protects you from companies looking to sell similar products in the United States. And the United States has patent agreements with various countries around the world. This will help protect your product in a number of ways, but if you want to protect your rights on a global scale, you must file a patent in every country.
- You can apply for an expedited examination so that the patent is approved faster. Since many patent applications take years to be approved or rejected, you might consider this option. Many people apply for temporary patents, while finalizing designs or waiting for financial support to go into production.
Step 5. Choose a submission strategy
Your filing strategy will depend on whether or not you need immediate protection for your invention or whether or not you are prepared to make a formal patent claim. There are two submission strategies to consider:
- File a US provisional patent application (PPA). Filing a PPA is cheaper and faster than filing a regular patent application. PPA allows you to claim your product as "patent pending". What a PPA requires is a fee (usually $65-$260), a description of how the invention works, and basic drawings of your invention. Normally, provisional patents are filed to establish an initial filing date. A temporary patent protects an invention for 12 months and requires the inventor to apply for a non-provisional patent immediately thereafter.
- File a US regular patent application (RPA). This formal patent protects the invention for 14-20 years. To receive this patent, you must be able to define the production process of the invention, describe its novelty, and describe the parts of the invention that must be patented. The RPA process will take longer as the inspection is carried out thoroughly by the US Patent & Mark Office.
Step 6. Fill out the appropriate patent application form
Include relevant information, such as a complete description of the invention, how the invention works, and the usefulness of the invention for the community. Often, a patent will include a drawing and a schematic of all the technical details needed to describe and produce your invention. Make sure your attorney checks it before submitting it.
Step 7. Complete the “Specification Attachment”
This appendix is the narrative section of the patent application. The specification attachment shall include a description of the type of invention, all previous iterations of the product, the purpose of the invention, a detailed description of how the invention is assembled, and how the invention works.
- The specification statement also includes patent claims and abstracts. The claims part of the statement is often the most difficult part. For this part of the patent form, it is important to seek advice from a patent attorney or other professional. This specification statement should be written as a series of sentence fragments that concisely and clearly describe the invention in question.
- For example, a “self-contained” claim for a zip-locked bag might read: A bag cover of this type that includes a flat-body material having a front notch on one side, and a gripper aperture adjacent to and in contact with that notch.
Step 8. Prepare the necessary drawings
Almost every patent application requires an invention drawing. These drawings should be as technical as possible. The image should also emphasize the elements that strengthen your patent case. If your invention uses energy more efficiently, highlight the parts that show it. If you are applying for a design patent, make sure you emphasize your design innovation.
If you're not an expert, you can usually hire a patent drafter to prepare these drawings for around $75 to $150 per drawing. This person will also know what kind of drawing specifications will be accepted by the government
Step 9. Include an oath
Each patent form requires an oath to be signed and then notarized, declaring the person who created the invention. The two pages of the required oath form can be found from the internet.
Part 3 of 3: Submitting an Application
Step 1. Submit your patent application electronically
You can do this electronically. Utility and design patents can be filed electronically from the United States Patent and Trademark Office website. Digital submission ensures your application is secure and submitted successfully. For help completing the form, call the USPTO at 1-800-PTO-9199 (1-800-786-9199) and select option 2.
Step 2. Send your patent application by post
You can send it by post, if you prefer to print and mail the patent application. However, be aware that submitting your patent application by mail is more expensive than filing online. All three types of patents (utility, design, and plant) can be filed manually. Applications for plant patents must be submitted in physical form. The forms can be found on the internet.
Step 3. Include additional documents
When you submit your application, you must include a postage stamped receipt with the address listed (if sending by post). You must also include information about the Information Disclosure Statement and the Patent Application Declaration.
- The Patent Application Statement states that you are the inventor of the object or idea for which you are submitting a patent application.
- The Information Disclosure Statement allows you to disclose anything else for the application that could be related to your application, such as other similar requests.
Step 4. Pay the application fee
Filing a patent isn't free-in fact, filing a patent can be very expensive. You will need to pay a fee based on the type of application you submit and when you apply for it, together with other factors. Additional fees are required if your patent application is successful. Check the USPTO.gov website for specific fee information.
Step 5. Wait for your patent to be approved or rejected
The application process takes time while the patent examiner reviews your patent application claims-which can sometimes take several years. Huge piles of patents are there waiting to be examined.
- Do not pass on your invention if your patent application is rejected, because the same product or process has already been invented and is protected by a patent. This is called patent infringement and can be punished.
- If you need your application to be approved immediately, consider applying for an expedited examination.
Step 6. Appeal the USPTO's decision, if necessary
If your patent is denied, you can appeal this decision or make amendments to your application materials, and submit them again. If you decide to do this, consult a patent attorney. The last thing to do is to resubmit your patent application several times. Your chances are better if you ask a patent attorney to go over the documentation you're about to file again.
