How to Obtain a Patent

The best way to protect your specific design or invention from being made by others is to apply for a patent through the United States Patent and Trademark Office (USPTO). By visiting a local branch of the USPTO or its official Web site, you can follow all of the procedures and acquire the forms and applications you need to start the patenting process.

Difficulty:

Moderate

Instructions

Things You'll Need

• Computer with Internet access

Obtain Your Patent

1. Make a complete and detailed proposal that includes a specific description of the design or invention to be patented, as well as detailed drawings of the item. This proposal should be written on 8 1/2-by-11-inch sheets of paper, and should be written in English.

2. Prepare an oath or declaration stating that yours is an original design, and does not infringe upon any existing patent.

3. Submit the proposal, along with the oath and declaration, to the Director of the USPTO, which can be done online or at any USPTO office (see Resources below). Make sure the proposal is clear enough that copies of the documents can be easily read.

4. Pay all required filing, search and examination fees at the time you submit your proposal.

5. Expediently rectify any objections or modifications presented by the USPTO during the granting process. While the time it takes to obtain a patent grant varies depending upon the research involved, accepted patents are generally published 18 months after the initial filing date.

Protect Your Patent

1. Pay all maintenance fees once you are granted a patent. These are due 3 1/2, 7 1/2 and 11 1/2 years after the grant date. There is a 6-month grace period.

2. Extend your patent by renewing it before the expiration date. Most patents last for 20 years, with the exception of design patents, which last for 14 years and cover inventions or designs that improve or act as an ornament to another patent.

Tips & Warnings

• The patent process can be confusing and overwhelming at times. Consult the registry for patent attorneys and agents posted on the USPTO Web site for assistance.

• Do not use legal terms such as "patented," "patent pending" or "patent applied" and do not use any type of patent marking unless you have officially applied for or have been granted a patent. It is against federal law to do so.