How to Write a Patent

By eHow Legal Editor

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While coming up with an invention may be difficult, getting a patent is pretty simple. Thousands are issued each year. A patent is a document drawn up by the inventor that protects the product for up to 20 years. It gives the inventor the right to not allow others to reproduce, use or sell their product. Here are some steps for writing a patent for your invention.

Instructions

Difficulty: Moderate

Things You’ll Need:

  • computer

Step1
Decide which kind of patent you’re applying for—a plant patent, a design patent or a utility patent.
Step2
Compose a declaration of your product that includes all of the following: each inventor’s name, address and citizenship; a statement from each inventor attesting to the authenticity of the product and their consent to disclose all information pertaining to it; references to any prior patent filings for this product; and a power of attorney document.
Step3
Provide an assignment of invention rights. This statement gives the rights to whoever invented the product and should include the title of the invention, the names of the inventors, the name and address of the person assigning the rights, and the date of execution of the patent.
Step4
Include a small-entity form. You must file a claim of small-entity status, the inventor must sign it and you must include payment of the reduced filing fee.
Step5
Include a drawing of the invention. Te receive an issue date, you must include drawings of the product that include every feature of the invention that was specified in the claim.
Step6
Provide the specifications of the invention. This describes every aspect of the invention from its title to how it works to how you invented it.
Step7
Provide Information Disclosure Statements.
Step8
Submit the final product. The final patent application should be submitted with a cover sheet that lists the title of the invention, the name of each inventor and the claim for small-entity status.

Tips & Warnings

  • Make sure that in the assignment of invention rights each party involved has provided his or her signature.
  • Everyone involved in the invention needs to sign the Information Disclosure Statement that states that each inventor has provided all information possible about the invention.
  • A fee must be paid and submitted with the Fee Transmittal Form.
  • Utility patents are good for anyone who invents a process, machine or a composition of matter, for example computer hardware or medications. These types of patents can be provisional, which means it goes through the United States Patent and Trademark Office and lasts up to 20 years, or non-provisional, which lasts only a year.
  • Plant patents are good for anyone who discovers or invents any new variety of plant that is asexually reproduced.
  • Design patents are good for anyone who invents a new, original design for anything manufactured. This could include a different look for a shoe or a motorcycle helmet.
  • It is the inventor’s responsibility to enforce a patent once it is issued.

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eHow Article:  How to Write a Patent

eHow Legal Editor

eHow Legal Editor

Category: Legal

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