How to Patent a Device

Patenting a device is done through the U.S. Patent and Trademark Office. Devices fall under the utility patent classification, which identifies new processes, machines, manufactured articles or improvements (See References, "Patent Types"). A patent will protect a device from being duplicated by someone else for the purpose of making a profit. If granted, this patent will offer about 20 years of protection from the date of issuance (See References, "Patent Information").

Things You'll Need

• Invention (Device)

Instructions

Preparation

1. Complete the Declaration for Utility or Design Patent Application (See Resources).

2. Write a description of the device that satisfies the requirements of U.S. Code Title 35, Section 112 (See Resources).

3. Create drawings of the device that will help explain its functionality in compliance with U.S. Code Title 35, Section 113 (See Resources).

Paperwork

1. Register with the U.S. Patent and Trademark Office (see Resources).

2. Select the appropriate option of the Utility section under "New application."

3. Complete application data, including name, address and telephone number.

4. Upload documents, including the Declaration for Utility or Design Patent Application, device description and drawings.

5. Pay necessary fees and submit application.

Tips & Warnings

• Uploaded documents must be PDF (.pdf) or TXT (.txt) files.

• Maintenance fees must be submitted after three and a half, seven and a half and 11 and a half years from a patent's issuance.

References

• Patent Types
• Patent Information

Resources

• Declaration for Utility or Design Patent Application
• United States Code Title 35 - Patents
• Electronic Patent Registration