How to Take Out a Patent

If you want to protect an invention, your safest bet is to get a patent. It's a lengthy, involved and expensive process, but when you come out the other end, you'll have won exclusive rights to your particular idea or invention for 20 years.

Difficulty:

Challenging

Instructions

Things You'll Need

• Attorney
• Drawings
• Application

1. Be patient--you'll spend a lot of time pursuing a patent. A search can take as long as six weeks, the application can take weeks to prepare, the prosecution phase may eat up another two years, and the issue process can take as long as nine months.

2. Research your idea to make sure no one beats you to it. Go to the Web site of the U.S. Patent and Trademark Office (uspto.gov) to do a preliminary search. It's free.

3. Conduct a bona fide patent search. Go to the Patent Office in Washington, D.C., and do a search. If that's not practical, hire an attorney in Washington to do the search for you, or find a local attorney that specializes in patent issues.

4. Decide whether you need U.S. or international patent protection. If you intend to market your product outside the United States, securing a patent in other parts of the world can slow knock-offs.

5. Hire a patent attorney. Unless you have firsthand experience with patents, it's essential to the successful navigation of the patent process to work with a good attorney. The application process is usually far too involved for a layperson. Obtaining a patent personally can easily top $10,000 in attorney fees--more if you try to get overseas patents as well.

6. Be clear what information needs to be included in your application. The Patent Office requires that you provide enough detail about your invention that someone else could build it. Include any drawings or other materials that describe the invention.

7. Take an oath that it's your idea to the best of your knowledge. This is the final element to the application.

8. Write your first check. Send $355 to cover the patent application fee, and get ready for the prosecution phase. During this part of the process the Patent Office reviews your application, and you'll probably have to submit amendments and changes.

9. Prepare formal, final drawings. If the prosecution phase is successful, the Patent Office issues a Notice of Allowance.

10. Write your second check. This time you'll need to send the Patent Office about $685 to cover an issue fee. Finalize the documents as directed by the Patent Office.

11. Pay periodic maintenance fees--starting at about $900 after a couple years and eventually topping $3,000 to maintain your protection. A patent lasts 20 years from the date of the application.

Tips & Warnings

• Expect that your first application needs changes. The problem can be merely a matter of style, and you'll be given time to correct it.

• Although developing a prototype, or model of your invention, is smart, it's not required for a patent application. A prototype can point out any flaws in your concept or design, however, which would be helpful to know before you go to the time and expense of patenting a process that doesn't perform as expected.