How to Understand a Patent

According to the United States Patent and Trademark Office (USPTO), a patent is a "grant of a property right to the inventor" for any particular invention. Obtaining a patent from the USPTO protects the inventor from theft of intellectual property, or unauthorized use of the patent. By understanding what a patent is, you can determine whether the process is necessary to legally protect your rights and your investment.

Difficulty: Moderately Easy

Instructions

Things You'll Need:

• Computer with Internet access
• Patent attorney

Know the Types of Patents

1. Consider a utility patent if your invention is a new process, article of manufacture, machine or composition of matter.

2. You can also apply for a patent if your invention is merely a new or useful improvement to an existing item.

3. Obtain a design patent if your invention is a new, original or ornamental design for an existing product.

Understand the Process of Applying for a Patent

4. Fill out an application for a patent with the USPTO if you are the actual inventor. Applications are available at any USPTO office, or can be downloaded from the USPTO Web site (see Resources below).

5. Include all relevant paperwork with the patent application. You will need a written proposal that details your invention explicitly, as well as specific drawings showing what your invention is and how it will be used.

6. Pay all appropriate filing, search and examination fees. The fee schedules are subject to change, and are available at the USPTO Web site (see Resources below).

7. Complete an oath or declaration that states to the best of your knowledge that the patent you are applying for is an original idea.

8. Wait for the patent to be granted by the USPTO. The waiting period for a patent to be granted can vary, but most are published within 18 months after the initial application.

Tips & Warnings

• While it is possible to apply for a patent on your own, the USPTO recommends that you employ the services of a patent attorney or patent agent to assist you in the process. The USPTO maintains a registry of authorized attorneys and agents on its official Web site.
• Infringement of a patent, which involves the sale, use or manufacturing of an existing patent, can result in a lawsuit in a federal court from the owner of the patent. Always check with the USPTO before proceeding with a manufacturing venture.

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