How to File an Invention Patent

Patents encourage innovation by helping inventors receive the financial benefits of their inventions. To be eligible for a patent, a physical new, original physical object must be designed, and it must be explained sufficiently to allow for it to be reproduced. During the term of the patent, only the inventor (or their partners, agents or assigns) can use the invention, but when the patent expires, the invention enters the public domain for the good of all.

Instructions

1. Search for existing patents. Even if your ideas seems original, it's possible it was already patented. It is required that you conduct a patent search prior to filing for a new patent, and it's simply a good idea to prevent wasting time. Anyone can search for existing patents through the USPTO website, or you can hire an attorney or patent specialist to search for you.

2. Choose patent type. There are three main types of patents, utility, design and plant, and you must choose one per application. The vast majority of patents are utility, which are given for the invention of a new process or machine. Design patents are for original designs for the object of manufacture, and plant patents are for the creation or discovery of new plant species, such as hybrids, mutants and genetically altered crops.

3. File a provisional patent. Someone who's trying the patent process on their own, should seriously consider a provisional patent. The standard is much lower for provisional patents, and the process is much easier and less expensive (all forms are available and can be filed online). The provisional patent grants 12 months of patent protection, during which time you can work on your full application. When you receive the provisional patent you can mark your invention with the "Patent Pending" designation.

4. Write the specs. The provisional patent requires only a simplified version of the specifications, but the specs of the full patent will constitute a major part of the patent itself. In the specifications document, the invention is described fully, with instructions for its reproduction and diagrams.

5. Write the claims. Where a lawyer usually enters the patent application process is writing the claims, detailed explanations of how the invention works, and all it purports to do. Most lawsuits for patent violation center on the interpretation of the claims. An intellectual property specialist can write claims that are broad enough to protect against easy imitation without producing such broad claims that a patent might not be issued at all.

6. File the application. The patent process is heavy on paperwork, and the precise forms that are required for any particular invention will vary. For example, in addition to various applications, data sheets and declarations, are separate forms requesting extension of time or international patent protection. All forms, however, are available through the USPTO website.

Tips & Warnings

• The patent process is highly complicated and technical. While it's not impossible for individuals to self patent, they run the risk of creating a weak or faulty patent, or having their application dismissed. It is highly recommended you consult with a legal professional regarding the patent process if you have a potentially lucrative invention.

References

• How to File a Patent: Provisional Patent Application
• Writing an Effective Invention Disclosure
• Types of Patents

Resources

• How to Get a Patent
• Provisional Application for Patent
• Utility Patents