How To Apply For a Patent

  • November 20, 2009
  • 1,859 Views
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You’ve just invented the greatest thing since the wheel. Protect your rights by applying for a patent.

You Will Need

  • A new device, process, plant, or design
  • Lots of patience
  • A patent attorney (optional) (optional) (optional)
How To Apply For a Patent: Download forms

Step 1: Download forms

Visit the U.S. Patent and Trademark Office at uspto.gov. You can download all necessary forms from this web site.

How To Apply For a Patent: Decide the type

Step 2: Decide the type

Determine the patent you need. A utility patent is for processes, machines, articles of manufacture, or compositions of matters. Design patents cover ornamental designs, and plant patents are for the asexual reproduction of any distinct and new variety of plant.

How To Apply For a Patent: File an application

Step 3: File an application

Follow the instructions to fill out and submit a provisional patent application. This establishes a filing date for your patent, and gives you 12 months to conduct record checks and gather documentation for a full patent application and examination.

The provisional application allows you to claim “patent pending,” so that if you want to market your invention before you earn the patent, you can deter other manufacturers from trying to sell a similar product by warning them a patent on the invention may soon be issued.

How To Apply For a Patent: Do research

Step 4: Do research

Search on the USPTO’s web site or Google’s patent search (google.com/patents) for existing patents that may supersede your claims. If a prior claim exists, you will need to adjust your application to prove how your invention differs from previous patented innovations.

Applying for a patent is a long, complicated process. To help, the USPTO recommends contacting one of the registered patent attorneys or agents listed on their site.

How To Apply For a Patent: Submit documentation

Step 5: Submit documentation

Submit the required documentation, drawings, and fees to the USPTO. You can submit many of these materials online.

How To Apply For a Patent: Be patient

Step 6: Be patient

Be patient. It may take several years for the patent office to process, review, and grant your patent. Once the process has been completed – and your patent approved – you will receive a document confirming your patent.

Albert Einstein’s first steady job was as a clerk in the Swiss patent office – a job that allowed him enough free time to publish scientific papers.

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Comments (2)

Michael_Sammons

thanks this helped me

over 2 years ago by Michael_Sammons

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