How to Apply for Your Own Patent
The concept of issuing patents was first introduced in 15th century Italy. Patents were designed to protect the rights of creators of new processes or products. Patents also introduce the information that was used to develop these new ideas to the public so that, while the originator of the patent has protected her concept, others can use that information to develop new creative ideas. In the United States patents are issued by the US Patent and Trademark Office (USPTO). Crafting a careful patent application is important when applying for a patent.
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Instructions
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Applying for a Patent
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1
Read the application procedure for patent applications in the United States. Note the issues and details, which are applicable to each patent request.
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2
Decide which kind of patent to apply for.
Design Patents protect the way the product looks (for instance a new shoe design).
Utility patents protect the way a product functions (for instance a new computer part).
Plant patents protect newly developed plant varieties and species of plants (for instance, a new strain of cucumber).
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Make sure that the patent application will be accepted.
Phenomena that are naturally present in the world, useless objects, morally objectionable objects and abstract ideas will not be awarded a patent.
Creative works will need copyright protection, not patent protection.
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4
Include the names of all collaborators on the patent application.
The patent must be issued to the actual inventor/creator, but she can then sell it to someone else if she chooses.
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5
Write out a preliminary draft of the patent application. It is important to spell out every step of the process, procedure, manufacturer and composition of the product carefully so that it can not be re-patented by someone else who is able to use the idea but word the patent application differently. Refer to the USPTO guidelines and review the "Specifications" section.
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6
Draw the product for which the patent application is being drafted. The USPTO guidelines for patent applications include a mandatory request for submission of a drawing of the item being patented.
The USPTO's Standards for Drawings details the guidelines for submitting the drawings. Some of the basic guidelines include the type of paper needed, the sheet size, the guidelines for tables and formulas, guidelines for color or black and white submissions and how to label each sheet of the drawing in an acceptable form.
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7
Pay all necessary fees. Fees include application filing, a search for identical patents (if such an identical patent is located the new application will be canceled) and patent examination expenses.
"Small Entity Status" may be claimed if the person filing is a small entity. This will reduce the fees considerably.
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Include a specimen or model of the product with the patent application.
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Submit the application together with the fees, drawing and specifications.
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Tips & Warnings
Entire law firms deal exclusively with patent law. Experts highly suggest that the patent applicant proceed with as much of the procedure himself as possible but that a patent law attorney be retained to fine-tune the application and all the necessary components of its submission.
Protecting an invention correctly can mean the difference between protecting the rights of the individual who put untold hours of work and financial investment into the invention or, because of an improperly submitted patent application, allowing all that to be taken over by someone else.
Licensed patent lawyers may be located through the USPTO's Patent Attorneys and Agents Registered to Practice before the USPTO page.
