How to Attain a Patent

The U.S. Patent and Trademark office oversees the filing and issuing of patents. Patents protect inventors from other people duplicating and profiting from their inventions. Patents can be filed as three types: utility, design, or plant. Once granted, utility and plant patents are in force for 20 years, and design patents for 14 years (see Reference 1, "Patent Information").

Instructions

Prepare

1. Complete either the Declaration for Utility or Design Patent or the Plant Patent Application Declaration, depending on patent type (see Resource 1 and Resource 2).

2. Write an invention description that complies with U.S. Code Title 35, Section 112 (see Resource 3).

3. Create illustrations, if it is necessary to better understand the invention, that comply with U.S. Code Title 35, Section 113 (see Resource 3).

Application

1. Register as an eFILER with the U.S. Trademark & Patent Office (see Reference 2).

2. Enter the application data.

3. Upload any required documents, including the descriptions and illustrations.

4. Submit the application.

5. Pay necessary fees (approximately $515, not including research and examination fees (see Reference 3 for the fee schedule).

Tips & Warnings

• Documents must be .txt or .pdf files.

• Utility and plant patents require maintenance fees.

References

• Patent Information
• eFILER Registration
• Fee Schedule

Resources

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