Things You'll Need:
- Computer with Internet access
- Patent agent or attorney
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Step 1
You must file for a patent with the USPTO before applying the term "patent pending" to your invention. This includes filing all pertinent paperwork, such as an oath and declaration, applications, drawings and written descriptions,and paying all fees.
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Step 2
Use the term "patent pending" to discourage similar patent applications from other individuals or companies; they will understand the implications of infringement once your patent has been granted. This includes potential back royalties, seizures, lawsuits and injunctions.
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Step 3
Hire a patent attorney or patent agent to ensure that you are complying with all USPTO requests during the patent process, including any objections from the USPTO that may delay or cancel the granting of your patent. While the pending period can vary, the USPTO usually publishes the patent 18 months after you file the application.
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Step 4
Consult the registry of authorized attorneys and agents published on the United States Patent and Trademark Office Web site (see Resources below).
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Step 5
Never fraudulently use patent markings, which identify that your patent has been granted, or the patent-pending designation. Not only can this jeopardize the status of your patent , it can put you at risk for prosecution in a federal court.
