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Step 1
On the USPTO website (see Resources below) there is a guide called the Guide to Filing A Non-Provisional (Utility) Patent Application. It explains things such as what the fees are, what certain terms on the application specifically mean, guidelines for any drawings and what things to include with your patent application. You may wish to print this page and have it handy as you continue with the application process.
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Step 2
Know the expense of a patent. Expect to pay more than a thousand dollars from beginning to end of the process. If you are not considered a "small entity," which includes independent inventors, small businesses and nonprofit organizations, that amount could double. In addition, after you have your patent, you need to pay a maintenance fee about every four years, which ranges from about $500 to $2000. Again, double that if you are not considered a small entity. (See Resources below for Fee Schedule.)
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Step 3
Know some of the things that USPTO will expect in your application. You will be expected to describe the background of your invention, specifically what other inventions are out there that are similar and why yours is different and/or better. You will need to state the purpose of your invention and give a detailed description of your invention and the process in which you invented it. You will need to have several drawings and diagrams from several views and angles with clear labels and descriptions. You will need to write an abstract of less than 150 words that allows others to quickly understand the technical nature of your invention and what is new about it. You will also need to fill out oath forms to verify that you believe you are the original inventor of your product
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Step 4
Decide if you will file electronically or through the mail. Electronically will be a much quicker process than filing your application through mail or courier services. There are some things that cannot be filed electronically, such as court documents, and will need to be sent the old fashioned way. The USPTO has a simulated electronic application for you to view so you can know what the application looks like and what to expect before you move forward. (See Resources below.)
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Step 5
If you do decide to file electronically, you will need to visit the USPTO's Electronic Filing System website (EFS-Web). You do not need to be a registered user to file for your patent. Use the tutorial guide (see Resources below) to help you through this process. The process is very complex and requires lots of forms and submissions. For example, there are more than 100 forms, not all of which will need to be filled out for every particular utility patent. You may not know exactly what forms to fill out until you are in the process. There is also a phone help line you can call: 866-217-9197.
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Step 6
If you wish to file through the mail, you can download and print all your forms from the USPTO forms website (see Resources below). The first forms you will need to fill out are PTOL-85B, Fee Transmittal (Part B) of the Notice of Allowance and Fee(s) Due form and Form PTO/SB/01, Declaration for Utility or Design Patent Application, which is three pages long. Some forms are can be filled out online. Again, though, you may not know which forms to fill out until you are in the application process itself. If you need copies sent to you in the mail, call 1-800-786-9199 or 571-272-1000, and select option 2. Once you have completed your initial application, mail it to: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
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Step 7
Seek help if needed. There is the above mentioned tutorial and a FAQs website, but you can also call by the USPTO's General Information Services Division at 800-786-9199 or 703-308-4357. You can also visit your nearest Patent and Trademark Depository Library (PTDL) for more information. If in the end you find the application process overwhelming or you are just not sure if you are doing it correctly, then hire a patent lawyer or agent.
