How to Get a Patent Number
You've had an idea that you know will sell. It might be a useful time-saving gadget, an improvement on an invention that already exists or even a new plant species. It could be worth money. You want to patent the idea, to protect your intellectual property. You just don't know how to get a patent number. Here are the steps you'll need to go through to get your patent number:
Things You'll Need
- Drawings of the invention
- A claim
- A patent application
- An oath or declaration
- Data sheets or documentation of the invention
- A prototype of the invention (if needed)
Instructions
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Find out if your invention is original. Check the USPTO (United States Patent and Trademark Office) archives to begin your search (See Additional Resources section). There are specialized searches you can do yourself, or you can go to a patent agency or lawyer with your invention for advice.
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Look at your budget to see if you can afford the patent number process. There are the USPTO fees, which include a filing fee, an examination fee by a patent examiner and a search fee. This isn't including the lawyer's or agent's fee if you're getting help. The timeline of the patent also plays an important financial part. It might take anywhere from 18 months to six years to get it processed and receive your patent number (See Additional Resources section).
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Have detailed drawings and step-by-step documentation of your invention, along with a precise description. The documentation should also include two witness signatures for each step, plus the date. Prepare a prototype if necessary.
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Write the claim and the oath, and fill in the patent application. If you're unsure how to do this, you can find tips online for writing your claim and oath. Get and print out an online application (utility patents only) (See Additional Resources section).
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Go to the USPTO and pay the fees.
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Have an interview with an examiner, which typically involves intensive explanations and descriptions of your invention. Wait until your patent has been fully processed and approved.
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Tips & Warnings
Get a provisional patent if you need more time to work on your invention. It lasts for a year. Then apply for a non-provisional patent to get your patent number.
The USPTO may take longer than you expect for processing because of being backlogged. Ask when you apply. Make sure your invention is original before spending the time and money. Up to 90 percent of applications are rejected for not being original enough or for being "obvious," which means not a significant improvement on the "prior art," according to the USPTO.