How to Earn a Patent
Your idea for the next great gizmo could be worth millions. To protect your investment (even if it's just an idea at this time), submit an application for a patent. Getting a patent gives you the sole right to make and sell your creation for a period of 20 years. Here's how to earn a patent.
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Instructions
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Steps to Earning a Patent
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1
Keep all your notes, drawings and research relating to your idea. Be sure to put dates on your notes so you can prove when you had the idea and your process for developing it.
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2
Write a detailed description of your creation, including what it does, what it looks like and how it's made. Draw a sketch of it as well.
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3
Do a patent search. Visit the U.S. Patent and Trademark Office or one of its libraries in person, or visit it online at http://www.uspto.gov. Your research is designed to find out if there is already a patent or similar patents to your idea. Patents are listed by classifications and are best searched by using keywords related to what your invention does (as opposed to what it is). Your search should include:
1. Keyword search for patent numbers and classification numbers of similar inventions.
2. Prior art search on the patent numbers you found in number 1.
3. Classification search based on the classification of the items found in 1 and 2.
4. Mixed search of keywords and classification to narrow down patents that are most similar to yours. -
4
Compare your idea to similar patents. To avoid infringing on another patent owner's rights, you want to make sure your idea is different. Does your idea get the same result using a different method? How is your idea different, better, improved, innovative, etc.?
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5
Make a prototype of your invention. If you find your patent has not been already taken, make a prototype. You won't need to submit this to the USPTO unless specifically asked for it, but it still should be done. Making the prototype will help you better define and describe your invention, as well as test that it works, an important part to getting a patent.
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6
Determine the type of patent you want. There are three types of patents:
1. Utility patents that cover new or improved processes (useful features).
2. Design patents that cover how the invention looks (it doesn't cover what it does or how it's made).
3. Plant patents that covers the development of new or hybrid plants. -
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Decide whether or not you'll use a patent attorney or agent to help with the application or if you'll do it yourself. It is highly recommended you use an attorney or an agent. Both have to pass a patent bar exam and be knowledgeable about the hard sciences, such as engineering, to be a patent expert. Most importantly, they are knowledgeable about patents; how they are written, filed and protected. If you want to do it yourself, consider hiring a patent attorney or agent to look over your application once you've completed is to insure your wording of your claim provides you with the most protection possible.
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8
File your application. If you're going to write and submit your application on your own, visit the USPTO online for details. You can also get patent application software to guide you in creating and submitting your application. Your application needs to include:
1. Application form.
2. Fee (see USPTO for current fees).
3. Application data sheet.
4. Claims-this is the essence of the protection. What claims do you make about the invention that need to be protected?
5. Description.
6. Drawings.
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Tips & Warnings
The language used in your patent application is vitally important to ensure you protect as much of your patent as possible. A weak patent can allow others to work around your patent in creating their own, very similar creation. This is why using a patent attorney or patent agent is the wisest way to file a patent application.
