How to Apply for a Patent Without an Attorney

The United States Patent and Trademark Organization issues patents to prevent inventors from having their inventions duplicated and utilized for profit. Protection for utility and plant patents are usually for 20 years, while design patents protect for 14 years. Due to the complex nature of these filings, it is highly advised that a patent attorney be hired to ensure the patent application is done properly to ensure the best protection possible. However, it is possible file for a patent without hiring an attorney, and the easiest way to do this is electronically.

Things You'll Need

• Invention

Instructions

Prepare

1. Fill out either the Declaration for Utility or Design Patent Application, or the Plant Patent Application Declaration. Utility patent examples include manufactured articles, design patent examples include fabric designs, and plant patent examples include climbing roses.

2. Write out an explanation of the invention according to the guidelines of United States Code Title 35, Section 112, which is linked in the Resource section of this article. Your explanation must contain a complete description of your invention, including the actual process used in making it, and how the invention will be utilized. You must be clear and concise in writing this explanation.

3. Create illustrations of the invention if it improves the invention's explanation and processes as discussed in the guidelines of United States Code Title 35, Section 113.

Apply

1. Register as an eFILER with the United States Patent and Trademark Organization using the link below. Registration is free.

2. Enter information under the "Application Data" tab, including the invention title, inventor name, address, and phone number.

3. Upload the appropriate Declaration, and the invention's explanation and illustrations.

4. Pay the necessary fees. See the Reference section for the complete fee schedule, effective as of May 2009. Check to make sure this is the most up to date fee schedule prior to calculating your fees.

5. Click the "Submit" button to complete the application.

Tips & Warnings

• Electronic filing will only accept .pdf or .txt files so make sure to save your supporting documentation in either of these formats.

• Maintenance fees are required for utility and plant patents.

References

• U.S. Patent and Trademark Office: Patent Information
• U.S. Patent and Trademark Office: eFILER Registration
• U.S. Patent and Trademark Office: 2009 Fee Schedule

Resources

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