How To Start the Patent Process
Acquiring a patent is crucial if you want to protect your invention rights and exclude others from "making, using, offering for sale or selling" the invention in the United States or "importing" the invention into the United States. The United States Patent and Trademark Office (USPTO) issues patents in three categories: utility, plant and design. Beginning the patent process may seem intimidating to most people, but can be accomplished by closely adhering to the guidelines issued by the USPTO.
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Things You'll Need
- Patent application
- Drawings of invention
- Issue fee funds
- Description of invention
Instructions
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How to Start the Patent Process
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Research the Patent Full-Text and Image Database (PATFT) to determine whether your invention has already been patented. This database is located at http://patft.uspto.gov/. The search is free.
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Document your invention in great detail. Since details of your invention not included in your description will not be covered by the patent, it is important to give an exact explanation of your invention's features, including how it is produced and operates, as well as any modifications or improvements you've made. Your patent application remains private for an 18-month period following your earliest filing date.
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Prepare drawings accurately portraying your invention. Drawings are required in the patent application process, so it's important to have them readily available. Brief captions explaining the artwork are also helpful for final approval of the patent.
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Categorize your invention as a plant, design or utility. A plant patent covers asexually reproducing plants. A design patent protects the ornamentation of an item, including how something looks. Logos are a good example of this. A utility patent covers inventions that perform a function, including a process, machine, and composition of matters or article of manufacture.
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File patent application electronically with the USPTO filing system, the EFS-Web. Be aware of patent processing fees that may be required during the patent process.
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Check the status of your application by using the Patent Application Information Retrieval System (PAIR). This system monitors the status of current patent applications or publishing applications. If the Patent Examiner reviewing your application rejects your patent, you may submit a reply if you believe the Examiner misinterpreted your invention.
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Proceed with submission of invention drawings and payment issuing fees upon approval of your patent.
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Tips & Warnings
Utility and plant patents are good for 20 years from the date your application was first filed. Design patents are good for 14 years.
A patent professional, those specializing in patent law, may be hired to assist in your patent process by reviewing application paperwork, assisting in the documentation of your invention, and formulating appeals to a patent rejection.
Maintenance fees must be paid in a timely manner in order to keep your patent up-to-date.
