How to File a Utility Patent Application

A utility patent does exactly what it sounds--it protects the actual function and structure of a product and does not cover anything related to its look, feel or design. Since a utility patent carries such an important role, the procedure to file and obtain one is very difficult.

Instructions

Difficulty: Challenging

Things You’ll Need:

• Invention specifications and drawings
• Application fees
• Utility patent transmittal form, fee form and data sheet
• Patent lawyer (optional)

1. Write a detailed claim that describes the invention and include detailed drawings. Depending on the complexity of the invention, there may be approximately twenty claims in an application to cover all the unique qualities of the product.
2. Follow all the stringent government guidelines laid out in the patent application, including the use of black ink as well as type, color, condition, and size of the paper used.
3. Include a utility patent application transmittal form, which serves as a way to list all the documents that are included in your filing package.
4. Commit to an oath that states that you are the original inventor of the utility patent you are submitting an application for in order to cover all legal requirements. This oath must be notarized.
5. Submit an application data sheet with your utility patent filing. The information should encompass all biographical data, as specified by the US Patent Office. This application data sheet is available as a download from the U.S. Patent Office website (see Resources below).
6. Wait for up to 14 months. It may take that long before receiving a ruling on your utility patent filing.
7. Contact a patent lawyer who can file all the paperwork for you. The Bay Area Intellectual Property Group is just one example of a company that specializes in these types of patents (see Resources below).

Tips & Warnings

• Pay attention to whether or not you qualify for a small entity or "other than a small entity," according to the U.S. Patent Office. The fee pricing structure for each is very different, and you do not want to have to pay more than is necessary.
• Consider enlisting the help of a patent attorney to file a utility patent for you. Just be sure you get a written estimate from the legal firm before you sign any agreements.
• Submit a disc if the information that describes the utility patent goes over 300 pages. You must use standard file formats.
• Send in originals. Photocopies are not considered acceptable for determining the true extent of the product being submitted for a utility patent.
• Turn in your application in English. It will be rejected immediately if it is in any other language.