How to Get a Patent

Have you got an original idea for a design that you want patented? First, you should know exactly what a patent is and what types of designs are patentable. A patent generally carries with it the exclusive "right to exclude others from making, using, offering for sale, or selling" an invention in the United States or importing the invention into the United States for a period of 20 years. Ideas or concepts and proposed perpetual motion devices cannot be patented. The cost can be thousands of dollars in fees alone.

Patent agents are professionals who specialize in researching prior patents in order to determine whether the invention is too similar to an existing patent.

Things You'll Need

• Patent agent/fees (recommended)
• Patent lawyer/fees (recommended)
• Original invention or design
• Drawing of invention, when applicable
• Application and other patent application/appeal fees
• Working model, if necessary

Instructions

Get a patent

1. Start with an original idea for a design, device or invention.

2. Prepare a drawing of the invention if required to do so.

3. Conduct a patent search. This should entail hiring a professional patent agent or patent attorney.

4. Consider hiring a patent attorney to represent you before the U.S. Patent and Trademark Office (PTO). Again, this is expensive but patent law is complex and hiring a patent attorney will likely save you a lot of grief. A directory of patent attorneys can be found by searching through the Martindale attorney locator.

5. Read and review the PTO website. There are far too many specification rules that prevent describing them in this article. However, there are basically three types of patents: (1) Utility patents involve any "new and useful process, machine, article of manufacture, or composition of matter or any new and useful improvement thereof"; (2) Design patents are "new, original, and ornamental" designs for an article of manufacture; or (3) Plant patents are asexually reproduced "distinct and new varieties of plant." You will be required to classify your invention using various categories required by the PTO.

6. Apply for your patent by filing the appropriate application and paying the appropriate application fees. "A patent application should include a written document which comprises a specification (description and claims), and an oath or declaration, a drawing in those cases in which a drawing is necessary and filing, search, and examination fees." Presentation of a working model of the invention can be ordered by the PTO.

7. Begin using the term "Patent Pending" in connection with your invention.

8. Wait for a decision by the PTO. This is a long process that can take years to complete.

9. Appeal any denial of your patent application if you feel that you have a solid legal basis for doing so. You will need to pay additional fees.

Resources

• Read this Article in Spanish
• This is the official U.S. Patent and Trademark Office website.
• This site is available to search for patent attorneys.