How Do I Get a Patent?

Idea

A patent protects the rights of an inventor by prohibiting others from replicating and selling the same intellectual property in the U.S. In order to qualify for a patent, an idea must be the only one of its kind. In addition to being new, an idea must lead to the invention of something useful. In other words, there has to be a market for your invention. The first step to getting a U.S. patent is to file an application in the U.S. Patent and Trademark Office. Applicants may submit patent applications electronically. Depending on the type of property involved, you may apply for a utility or design patent.

There are a number of different costs associated with obtaining a patent to protect your invention. Given that a good deal of paperwork is required, it can be to a person's advantage to hire a patent attorney experienced in the patent process to assist in acquiring patent rights. More than a simple form, a patent application is a complicated legal document. A patent attorney will usually require a retainer and then bills for the number of hours involved in drafting the patent application. Hiring professional help naturally will cost you more. A patent search alone may cost anywhere from $1,000--$2,500. Other patent fees will include the filing fee, search fee, examination fee, and issue fee. These fees are in addition to processing fees. Be forewarned that even a simple patent can cost between $10,000 and $20,000 to file. Costs vary depending on the type of invention and length of the patent application. If a patent is eventually issued, patent maintenance fees must also be paid periodically. These fees can add up to several thousands of dollars more in costs over the life of the patent.

You can save money by filing a patent yourself rather than use the services of a patent attorney. Keep in mind, though, that there are many legal issues to be considered. The first step in the patent application process is to conduct a preliminary patent search to find out if any patents have already been filed for inventions similar to yours. Technically, you can go ahead and file the application without this search; however, it would not be in your best interest to do so. You do not want to be violating another person's patent rights, which could bring on a lawsuit. Nor do you want to be investing time and money only to find out that someone else has already patented something of the same kind. Begin by searching the database at the U.S. Patent Office. If you find no other patents for inventions like yours, the next step is to complete the patent application. The application is thorough; therefore, you must be careful to fill out all paperwork correctly in order to have your request for a patent considered. There could be lengthy delays if you fail to compete the application as instructed and it must be returned to you for revisions.

You will be required to provide a comprehensive summary describing your invention in detail. Be sure to include drawings and all other relevant information pertaining to the invention from the start. Aside from being able to prove that you are the original inventor of the property, you must document when you invented it. Perfecting an already existing invention does not qualify for a patent. You will also need to explain how the idea will be used, as well as precisely what rights you want protected and the reasons why. Once you submit the completed application, be prepared to wait as the review process can take a long time. Keep in mind, too, that a U.S. patent only protects your rights to the invention in this country. If you want to protect your property outside of the U.S., you must apply for additional patents to protect your invention in foreign markets. Patents in the U.S. are valid for 20 years from the application date. Once a patent expires, anyone else can use, manufacture or sell your invention without your permission, and without compensating you.