Get a Patent

A patent gives the owner the ability to restrict others from making, using, selling, or importing your invention without your consent. Patents are awarded by the U.S. government to inventors, but may be owned by individual inventors, groups, or corporations. The process is different for different countries, but no matter where you live, you’ll need to assess your prospects for successfully receiving a patent and then prepare and file any necessary paperwork. For most types of inventions, in the United States you have two filing options. You can file a provisional patent application (that holds your filing date and expires after one year) or a utility patent application.

Steps

Assessing your Patent Prospects

1. Find out if your idea is eligible for a patent. You may be able to patent your idea if it is a process, a machine, a manufactured good, or an improvement of any of these. For example, computer software may be a patentable product, because it is both a manufactured good. Similarly, if you design a software program that performs the same action as another program, but is more intuitive or uses a different aesthetic, you could apply for a patent on it also as an improvement. Patent-eligible inventions must be new, non-obvious (unexpected, even by experts in the field), and useful (able to provide a practical benefit). Determine if your invention can honestly answer yes to these three qualifications. You will likely need to consult a legal professional to fully evaluate your invention in view of these legal concepts.
   • Abstract ideas, natural phenomenon, and inventions with no utility are not eligible for a patent. For example, a zucchini is not eligible for a patent, because they occur in nature. Whereas, if you manage to breed a zucchini with another vegetable or produce a disease resistant zucchini strain, you may be eligible for a patent.
2. Determine your patent category. There are three different types of patents offered by the U.S. Patent and Trademark Office. If your innovation doesn't fall into one of these categories, it may not be patentable.
   • A utility patent is granted for a new, original invention that has specific benefits for society. Patent protection offered by a utility patent lasts for 20 years from the day the patent is filed. This is the most common type of patent. For example, if you design a self-strapping diaper, you'd want to apply for a utility patent because your invention would perform a new function.
   • Apply for a design patent if your invention is a not a functioning item or process, but instead just a design with no use. Design patent protection lasts 14 years from the date the application is filed. This patent prevents other parties from copying the unique look of your product. For example, new car models are released every year. The car serves the same function as previous cars, but is constructed with a different design. To deter rival car companies from producing identical cars, the car company files for a design patent.
   • Pursue a plant patent for plant strains that you’ve developed through scientific engineering. This can be an important patent type in the agriculture industry as each company grows a specific strain designed to flourish in their geographic climate. Protection for a plant patent exists for 20 years from the original patent application date. However, many plants are additionally covered by utility patents if the plant performs a function such as resistance to a chemical.
3. Make sure your idea hasn’t been patented already. The invention or idea must differ in a significant way from other previous inventions. Search through past patents for similar inventions as yours and determine whether your idea is better or different enough to warrant its own patent. Don't waste time and money developing an invention that someone else has already patented. Searching through the huge database of patents can be a complex and trying task.
   • Search the USPTO patent search site. Here you can look for similar inventions using key words that describe the invention or that might be used in articulating how the invention works.
   • Visit a patent depository library in your area for access to records and databases that are free to the public. Librarians with specific knowledge on patent searches can assist you with your research.
   • Check a database of scientific or trade journals for articles about similar inventions or topics.

Preparing to File a Patent Application

1. Find professional help. Completing the paper work alone for a patent can be daunting. Why not find someone who has successfully filled out and filed a similar patent in the past? There are several ways you can find professional help. You can hire a patent lawyer, ask for assistance from the United States Patent and Trademark Office (USPTO), check to see if your area offers free patent filing assistance, or visit a law school clinic. All of these sources should have thorough knowledge of patent law, helping to ensure that you complete the patent application successfully.
   • Talk to an attorney. Patent attorneys must have an undergraduate degree in a science or engineering field and need to pass the patent bar exam. Check the USPTO’s website in order to locate a patent attorney in your area.
   • Visit a law school with a patent clinic. At patent law clinics, you can ask questions relating to patent law and students gain real-life experience. This option is very good for those who cannot afford a bar approved patent lawyer, but still want legal advice. All of the advice given at these law clinic is vetted by a USPTO approved professor.
2. Find government sponsored patent assistance. In the United States and most other countries, the government will provide patent filing help as a way to promote upward mobility.
   • Consider the USPTO’s Pro Se Assistance program. Pro Se is an outreach program to inventors who want to file a patent on their inventions. They will help you get started and assemble all the necessary documents to file a patent form. Their services are free, but appointments must be made for their physical location in Alexandria, Virginia.
   • Some states offer specialized patent programs. These “self-help” programs are designed to assist people with low incomes. Assistance is done pro bono or for free for the public. An initial assessment of your eligibility will be done prior to receiving pro bono assistance.
3. Watch out for scams. There are many online sites that offer patent application assistance for an upfront fee. Often they’ll take your fee and leave you with nothing. In some of the worst cases, the company will actually steal your idea. Search online for reputable patent assistance, before choosing which firm to go with.
   • What signals a scam? Scam artists will do everything they can to get money upfront and to refuse putting anything definitive in writing. They'll ask for money via phone or email, but they won't want to sign official contracts until a later date. Make sure that you sign contracts upfront. It is best to have a lawyer look over these contracts in advance to make sure that you aren't signing over your ideas or promising money without a guarantee of services.
4. Determine what kind of application to file. Pick an application based on your innovation. You'll either choose a design, plant, or utility patent.
   • There is no "international patent", but you can apply for international patent protection. A separate patent application must be filed in each individual country. Filing a PCT application (Patent Cooperation Treaty) or an EU application (European Union) are some easier methods of applying to more than one country. International patent protection can protects you from companies that want to sell similar products in the United States. And the US has patent agreements with various countries around the world. This will help protect your product in some cases, but if you want to protect your rights on a global scale, you'll have to apply for patents in every country.
   • You can file for expedited examination to get your patent approved faster. Since many patent applications take years to be approved or rejected, you may consider this option. However, it is typically extremely expensive. Many people file for provisional patents while they finalize their design or wait for financial backing to move to production.
5. Pick a filing strategy. Your filing strategy will depend on whether you need immediate protection for your invention and whether or not you are prepared to make a formal patent claim. There are two filing strategies to consider:
   • File a US provisional patent application (PPA). Filing for a PPA is less expensive and faster than filing a regular patent application. A PPA allows you to claim "patent pending" about your product. The PPA requires a fee (usually $65-$260), a description of how your invention works, and basic drawings of your invention. Provisional patents are normally applied for in order to establish an early date of creation. A provisional patent protects the invention for 12 months and requires that the inventor apply for a non-provisional patent soon after.
   • File a US regular patent application (RPA). This formal patent protects an invention for 14-20 years. In order to receive this patent, you must be able to establish the manufacturing process of the invention, explain its novelty, and describe what parts of invention should be patented. The RPA process will take a longer time due to a thorough examination by the US Patent & Trademark Office.
6. Fill out the appropriate patent application. Include pertinent information, such as a detailed description of the invention, how the invention works and the usefulness of the invention to society. Your patent will often include drawings and schematics—any technical details needed to describe and produce your invention. Make sure to have your lawyer look it over before submitting it.
7. Complete a “specification attachment”. This is the narrative portion of the patent application. It should include descriptions of the type of invention, any prior iterations of the product, the invention’s purpose, a detailed description of how it is assembled, and how it works.
   • The specification statement also includes patent claims and an abstract. The claim portion of the statement is often the most difficult. Having a patent attorney or some other professional counsel is essential for this portion of the patent form. It should be written as a series of sentence fragments that succinctly describe the invention in question.
   • For example, an “independent” claim for a ziplock bag could be: A bag closure comprising a flat body of material having a lead-in notch on one edge thereof, and a gripping aperture adjacent to and communicating with said notch.
8. Prepare any necessary drawings. Almost every patent application requires drawings of the invention. These should be as technical as possible. They should also emphasize those elements that strengthen your patent case. If your invention uses energy more efficiently, highlight the portions of the design that show that. If you are applying for a design patent, make sure that your design innovations are emphasized.
   • If you are not a skilled artist, you can usually hire a patent drafts person to prepare these drawings for around $75 to $150 per drawing sheet. These artists will also know what drawing specifications the government accepts.
9. Include an oath. Every patent form requires an oath to be signed and notarized stating who created the invention. The necessary 2 page oath form can be found online.

Filing Your Application

1. Submit your patent application electronically. You may do this electronically. Utility and design patents can be filed electronically from the website of the United States Patent and Trademark Office. Filing digitally ensures that your application is secure and delivered successfully. For help completing the form, contact the USPTO at 1-800-PTO-9199 (1-800-786-9199) and select option 2.
2. Send your patent application by mail. If you prefer to print and mail your patent application, you may. Be aware that submitting your patent application by mail is more expensive that filing online. All three types of patents (utility, design and plant) can be applied for manually. Applications for plant patents must be submitted in their physical form. The forms can be found online.
3. Include additional documents. When you send in your application, you should include a self-addressed, stamped receipt postcard (if sending through the mail). You should also include an Information Disclosure Statement and a Patent Application Declaration.
   • The Patent Application Declaration states that you are the inventor of the item or idea for which you are submitting the patent application.
   • The Information Disclosure Statement allows you to disclose anything else to the application that may be relevant to your application such as another, similar application.
4. Pay the filing fee. Applying for a patent isn't free—in fact it can be very expensive. You will need to pay a fee based on the type of application you file and when you file the application, along with other factors. Additional fees are required, if your patent application is successful. Consult the USPTO.gov website for specific prices.
5. Wait for your patent to be approved or denied. The application process takes time as patent examiners research your patent application claims—sometimes several years. There is a huge backlog of patents waiting to be looked at.
   • Do not proceed with your invention if your patent application is denied because the same product or process has been invented and is protected by a patent. This is called patent infringement and it is punishable by law.
   • If you need your application approved more quickly, consider filing for expedited examination.
6. Appeal the USPTO's decision, if needed. If your patent is rejected, you can appeal the decision or make amendments to your application materials and resubmit. If you decide to do this, consult a patent attorney. The last thing you want to do is resubmit your patent application several times. Better your chances by having a patent attorney look over your documentation.

Tips

• Record everything concerning your invention including what inspired you to do it, why you made the product, how you did it, and how long it took. In addition to this, record diagrams of the original product and any later modifications. Where necessary, include dates and have your signature and two others on each entry. All of this information helps to prove the novelty of your invention and make the patent application process easier. You can even build a prototype to increase your chances of success.

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