How to File a Patent Publication

Filing for a patent can be difficult, requiring a great deal of time, work and cost. Because of the complexity of the process, you should patent your work with the help of a patent professional or lawyer, whose fees will be costly. If this isn't possible financially, you must do significant research into patent law and the application process if you hope to be successful. The basic steps involved can only lay a rudimentary groundwork for filing a patent.

Instructions

    • 1

      Decide what kind of patent is appropriate to your work. The United State Patent and Trademark Office offers three applications: a Plant Patent for new varieties of plants, a Design Patent for an original manufactured article's design, and a Utility Patent for a new process, machine or manufactured article.

    • 2

      Research other patents. The Patent Office provides a search that helps you discover if others have previously filed patents for inventions similar to yours. It is a waste of your time to file a patent for something already patented.

    • 3

      Study the application process. The Patent Office has information about what is required for each type of patent application, how this data must be presented, where it must be sent and associated fees that must accompany it.

    • 4

      Consider applying for a provisional patent. In the United States, a provisional patent, which is significantly easier to obtain, protects your work for one year rather than the 20 a patent typically covers. This gives you time to produce your product and potentially gain enough funding to apply for a regular patent.

    • 5

      Think about hiring a professional, if you haven't already. Even if you draft your application on your own, having someone with successful experience in seeking patents review it increases your chance of success, as every nuance of your application affects its chance of approval and your ability to enforce the patent later.

    • 6

      Wait. After filing your patent, it could take years to hear a final decision from the Patent Office, and it may send you a request for additional information or you may need to appeal its initial decision.

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