How to Obtain Patents for Your Small Business

Patents are a legal way to protect the intellectual property of inventors. They are awarded to someone who has come up with a "new, useful and non-obvious" invention and protect ideas for 20 years. You can obtain a patent through the United States Patent and Trademark Office.

Difficulty: Moderately Challenging

Instructions

Know What Types of Patents You Can Obtain for Your Small Business

1. Apply for a utility patent if you have invented a process, a machine, a product or an improvement upon an existing process, machine or product.

2. Consider a design patent if you have created a new or improved design for a product to be manufactured.

3. Protect a new type of plant matter you've developed by applying for a plant patent.

Obtain a Patent for Your Small Business

4. Consider hiring a patent attorney to help you research whether your claim for a patent is valid and to help file an application when it is time to apply.

5. Conduct a patent search to determine if your idea is original. If anyone has already publicly disclosed a similar idea, yours may not be eligible for a patent.

6. File an application for a patent. A patent application is a time-consuming and comprehensive document that is best prepared by a qualified patent attorney. It should include descriptions and drawings of your invention if applicable. Applications are available through the USPTO (see Resources below).

7. Know that having a patent can legally protect you from people who intentionally or unintentionally steal your intellectual property. Infringements can result in both civil and criminal punishments for violators.

8. Aggressively enforce your patent after it has been granted, as this is not the USPTO's responsibility. Usually this enforcement is carried out in a civil lawsuit.

Tips & Warnings

• U.S. patents only cover products and designs within the United States.
• If you decide to fill out your patent application yourself, plan to spend a minimum of 1 business day completing the detailed forms.
• If you falsely accuse someone of a patent violation, you may be liable to pay his or her legal fees, loss of income or any other damages.
• The application fees for patents can be very expensive, as can the fees for a patent attorney.

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