Intent to Patent
Inventors intending to patent a creation must follow several steps to acquire patent protection. The U.S. Patent and Trademark Office, or USPTO, the administering body for intellectual property issues, details the steps necessary to gain patent protection.
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Search
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Inventors must ensure their creations are original and novel. Patent applicants are encouraged to search both the database of patent applications, the Patent Application Full Text and Image Database, or AppFT, and the catalog of patents that have been granted, the Patent Full Text and Image Database, or PatFT. Both databases are accessible on USPTO.gov.
Types
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The type of patent being sought must be determined. Utility patents, the most common type, are used for machines, processes and compositions of matter and articles of manufacture. Design patents cover the ornamental characteristics of an article of manufacture. Plant patents provide protection for new varieties of plants asexually reproduced by the inventor.
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Applications
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Two types of applications exist: provisional and nonprovisional. Provisional applications, an abbreviated form of the application, allow the filer to claim an earlier date for the initiation of patent protection. Provisional applications act as a placeholder. A standard, nonprovisional application must be filed within 12 months of the provisional application.
Considerations
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The USPTO recommends that inventors file electronically using the Electronic Filing System.
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