How to Apply for a U.S. Patent

A U.S. patent is an essential part of any product invention, because it helps you, as the creator, stop others from selling that product or claiming it as their own. While the process to apply for a U.S. patent may seem overwhelming, it is possible to do it with just a few carefully planned steps.

Instructions

Difficulty: Moderately Challenging

Things You’ll Need:

• Drawings of your invention
• Patent application
• Filing fees

1. Determine the type of patent application you need. If your application involves a plants, manufacturing or utilities, you will need a specific type of patent application that varies from that of mainstream inventions.
2. Get a patent application online through the U.S. Patent Office (see Resources below). Make sure you give yourself a lot of time to read the application and understand what it says.
3. Practice drawing your invention quite a few times before doing the final drawing on the U.S. patent application. This is the most important component of your application.
4. List every person who was involved in the creation of the product on the patent application. Those who create a product on a joint basis must also apply jointly.
5. Draft your U.S. patent application and take it to a patent attorney before giving it to the U.S. Patent Office. This will save money and frustration.
6. Submit your application for a U.S. patent with a specification of the invention, drawings and a filing fee for the initial filing.
7. Pay your maintenance fees regularly and on time. You will have to wait for a long period of time--sometimes years--before your patent is approved.

Tips & Warnings

• Use generic terms in certain areas of your invention description. If someone else has described his invention the same way as you have and he has already applied for a patent, your request could be rejected.
• Try filing a provisional patent application. It costs less and gives you a least a year to have your product out on the market while advertising that the patent is pending.
• Explain how the invention works in practice. This will enable the Patent Office to determine the viability of the invention.
• Choose your words carefully when you are describing your invention as you apply for a U.S. patent. The government is very selective in the patents it chooses to approve.
• If you're filing a utility patent application, seek the advice of a patent attorney or agent, as these types of patents can be very difficult to file.
• Getting a patent on computer software can be very difficult. The lengthy process has led to a lot of controversy around the world.