How to File a Patent Timeline
A patent is a property right for an idea or invention, granted by the U.S. Patent and Trademark Office. A patent protects the patent owner in that only the owner has the exclusive right to produce, offer for sale, or sell the patented item. It also protects the product from being imported or exported by anyone other than the patent holder. A U.S. patent can only be obtained by filing an application for a through the U.S. Patent and Trademark Office.
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Instructions
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Determine if you need a Utility Patent for a process, machine or manufactured item; a Design Patent for a new original and ornamental design for a manufactured product; or a Plant Patent for anyone who discovers or invents, and asexually reproduces, a new variety of plant. Estimated time: 15 minutes.
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Search patent records on the U.S. Patent and Trademark Office website to make sure there is not already a patent for your product. Estimated time: two hours.
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File a patent application through the U.S. Patent and Trademark Office website. Estimated time: one year for approval.
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If your U.S. patent application is approved, file for a Patent Cooperation Treaty (PCT), or international patent application, through the U.S. Patent and Trademark Office website. Estimated time: 90 - 100 days.
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Receive a filing receipt for your PCT within 120 days.
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File an Information Disclosure Statement through the U.S. Patent and Trademark Office website. Estimated time for processing: Up to three months.
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Pay the Chapter II Fee and file the Demand form in the PCT application to get an International Examination. Estimated time: two hours.
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Wait to hear if your patent was approved and file for independent patents in any countries the PCT does not cover. Estimated time: Up to 22 months.
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Tips & Warnings
Have a lawyer review your patent application to be sure there are no mistakes.
There are application fees for filing a patent, so make sure you have plenty of money saved. Thousands of patents are filed every year and most patents are rejected, so be prepared for rejection.
