How to Apply for a Patent

A patent is the right that is given to an inventor to protect the invention from being used or sold by anyone else during the time the patent is valid. To receive a patent, one must apply for it through the U.S. Patent & Trademark Office. It's very simple to do, and can protect your idea from being stolen, used, or produced by anyone else for the duration that it's active. Here is how to apply for a patent:

Difficulty: Challenging

Instructions

1. Understand the Patent Application
   
   A patent is a legal document, and a very intricate one at that – do not expect to complete the application in a matter of minutes. How much attention you give to your application will dictate how much protection your patent will give you. Further, there are parts of the application that are completely blank; this is where you need to physically draw your invention, and not just a quick doodle. Your drawings should depict every inch of your invention, explain what each part does in detail, and resemble more of a blueprint than a drawing.
   
   How you word your patent application is equally important. For instance, if pieces of your invention are glued together, using the word “glued” opens your invention up for others to patent it using a different method, like “stapled” or “soldered.” Instead, use words like “attached,” “connected,” and so on. Leave no possibility for someone else to recreate your invention using another method, or your idea can be stolen and produced by someone else, and you will have no legal recourse to stop it.

2. Choose Your Patent Applications
   
   There are two types of patent applications: non-provisional, and provisional. The non-provisional application is the standard application; it is also the longer, more complicated (and more expensive) form. Non-provisional applications require hand-drawn blueprints explaining every aspect of the invention, an examination period (that can take up to 2 years before the patent is granted) a filing fee and maintenance fees if the patent is granted. For these types of applications, the patent lasts for 20 years.
   
   The provisional application is far less complicated, does not require any drawings to be submitted, and grants the filing party permission to produce and market their invention during the year that the provisional application is in place. This application is less expensive to file, as well. However, when the year is up, a non-provisional application must be filed for protection to continue. Generally, inventors file both types of applications at the same time. This grants them protection so they can begin selling their invention immediately, and ensures the protection will continue after the year has expired. Keep in mind that applications are regularly rejected the first, second, and sometimes even the third time, so allow yourself plenty of time to make mistakes and corrections with your non-provisional application by filing early, and staying on top of the application status on a regular basis.

3. Review the Guidelines and Start Your Application
   
   There are no standard forms to apply for a patent; instead, you type the application yourself by adhering to the rules and guidelines, and including all of the necessary information. You can download the guidelines to apply for a patent directly from the U.S. Patent & Trademark Office. Visit the URLs listed below to get started:
   
   Non-Provisional Application Guidelines:
   http://www.uspto.gov/web/offices/pac/utility/utility.htm
   
   Provisional Application Guidelines:
   http://www.uspto.gov/web/offices/pac/provapp.htm

4. You also need to include a check for the cost of the filing fee along with your application. Otherwise, your application will be discarded. You can find the current cost for the filing fees at the URL below:
   
   Fees: http://www.uspto.gov/main/howtofees.htm
   
   
   Once completed, the application and the filing fees should be mailed to the following address:
   
   Commissioner for Patents
   P. O. Box 1450
   Alexandria, VA 22313-1450
   
   It is a good idea to send your application via USPS Certified Mail with tracking and delivery confirmation. This way, you can keep track of where your application is, and have proof that it was delivered. Always make a copy of your entire application before mailing it in, just in case anything is lost and needs to be resent. You should also keep an extra copy for your own personal records.

Tips & Warnings

• You may want to consider enlisting the help of a patent attorney, especially if this is your first time applying for a patent. A patent attorney can help you draw up your application, make sure it's written out properly so no one else can try to patent your idea in a differing way, and will increase your chances of having your application accepted on the first try, so you don't have to repeatedly apply for a patent and pay additional filing fees.