How to Patent an Idea or Product

Patents are used to protect inventors from others duplicating and selling their protected ideas or products. According to United States law, any person who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent." Filing for patents is done through the U.S. Patent and Trademark Office (USPTO). Design patents are valid for 14 years from the patent's approval, and utility and plant patents are generally valid for 20 years from the patent application date.

Things You'll Need

• Invention or idea

Instructions

Prepare

1. Search the USPTO's databases of issued patents and patent applications for your proposed invention to ensure that it has not previously been patented.

2. Complete the Provisional Application for Patent Cover Sheet (see Resources).

3. Write a description of the invention that satisfies requirements of the United States Code Title 35, Section 112 (see Resources).

4. If necessary, create drawings needed to understand the invention that satisfy the requirements of 35 U.S. Code Title 35, Section 113 (see Resources).

Apply

1. Register as an eFILER with the United States Patent & Trademark Office (see Resources).

2. Enter the data requested on the application, including your name, correspondence address and telephone number.

3. Review and upload the required documents, including the Patent Cover Sheet, written description and drawings.

4. Calculate the necessary fees by using the USPTO's fee schedule.

5. Submit your application.

6. Pay the required fees.

7. Print your Acknowledgment Receipt as evidence of your submission.

Tips & Warnings

• Patents can be filed as three types: utility (new processes, machines, manufactured articles, or improvements), design (new design for manufactured articles), or plant (invention or discovery of new type of plant).

• Uploaded documents must be PDF or TXT files.

• Register for private Patent Application Information Retrieval (PAIR) to stay apprised of the status of your patent application.

• Failure to pay patent maintenance fees after four, eight and 12 years of patent protection will result in the patent's expiration.

References

• Patent Database
• Patent Information
• Patent Types

Resources

• United States Code Title 35 - Patents (U.S.C. 35)
• eFILER Registration
• Provisional Application for a Patent