How to Obtain a US Patent
If you have an idea for a new and useful innovation it may be very valuable, so you'll want to secure the legal protection of your intellectual property rights. A patent is the type of protection used for inventions, designs, improvements to or new combinations of existing technology, and even some genetically engineered organisms and computer programs. When you obtain a US patent, it allows you to "exclude others from making, using, offering for sale or selling" your invention (US Patent and Trademark Office).
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Things You'll Need
- Filing fee
- Complete specifications of the innovation
- Patent attorney/agent
Instructions
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Do a preliminary patent search. The preliminary search is designed to establish that the essential features of your invention have not already been patented by someone else. You can do the preliminary search online, although you may also do a patent search in person at the US Patent and Trademark Office (USPTO) facility in Arlington, Virginia.
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2
File for a provisional patent. Introduced in 1995, a provisional patent is good for 12 months. During this time the priority of your claim is protected while you go through the process of preparing, submitting and revising your patent application.
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Provide all your information and test results to your patent attorney or agent. After consulting with you, the patent attorney/agent will conduct a more detailed patent search of related patents. The goal of this intensive search is to identify which elements of your invention are already covered by prior patents and which are genuinely new and therefore can be patented.
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Draw up your patent application. The application is divided into four sections. First comes a discussion of "prior art" to show that your idea is novel and patentable. This is followed by a summary of your invention and a description of the design (called the "preferred embodiment") you propose. The final section, called the claims section, is the most important. Here you present detailed information (including technical data, drawings and test results) that show exactly what your invention does and how it works.
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5
Revise your application if necessary. When you submit your complete application it is reviewed by a patent examiner. Usually the examiner will identify some problems and issues on first submission and reject the application. Don't worry--this is normal. Your patent attorney will help you address the issues the examiner has raised and resubmit your application. Once it is cleared by the patent examiner, all you have to do is pay the fee and you will be issued your patent, which is good for 20 years.
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Tips & Warnings
Once your patent is issued, you still have to pay periodic maintenance fees for it to remain in force for the full 20 years.
