How to File a Utility Patent
The patent laws of various nations recognize three main types of patents: utility patents (for new technology), design patents (for unique cosmetic features), and plant patents (for biological innovations). Utility patents, like other types of patents, prevent anyone but the patent holder from making or selling an invention for the duration of the patent. Although part of the process may be conveniently completed online, a viable patent application should be prepared with the assistance of an experienced patent attorney.
Other People Are Reading
Instructions
-
-
1
Perform an international search for "prior art" using the PatentScope search engine maintained by the World Intellectual Property Organization (see Resources section). A prior art search is an examination of existing patents and patent applications to determine if any existing technology is sufficiently similar to your invention to prevent the technology that underlies your invention from being novel. If it is not novel, it cannot be patented.
-
2
Prepare specifications and drawings for your invention that are detailed enough to allow someone unfamiliar with your invention to manufacture it.
-
-
3
Prepare legal claims with the assistance of a patent attorney. Legal claims are assertions designed to establish that your invention is novel, useful, and non-obvious. Novelty means that your invention is new, utility means that is has a practical use (more than just a scientific theory, for example), and non-obvious means that a creative leap was required to proceed from existing technology to the technology upon which your invention is based. Remember to focus on the technological aspects of your invention rather than the cosmetic aspects (as you would do when applying for a design patent).
-
4
Use your specifications, drawing, and legal claims to apply for an International Preliminary Examination Report (IPER) under the Patent Cooperation Treaty (PCT) at one of the PCT's designated receiving offices (the US receiving office is the US Patent and Trademark Office; Europe and Japan also have receiving offices). The report will be issued approximately 28 months after filing and will provide an opinion on the patentability of your invention. Your PCT filing date and filing fee will be recognized by the patent offices of each PCT member nation.
-
5
Apply for utility patents at the patent offices of each individual nation in which you require patent protection, using your IPER report. Some PCT nations will immediately grant you a patent, while others will continue examining your application.
-
6
Respond to inquiries and requests for amendment of your patent claims by the national patent offices of the various countries in which you applied for patent protection. Once approved, your utility patent protection will be effective retroactively to your original PCT filing date, and will continue for approximately 20 years thereafter (the duration varies from country to country).
-
1
Tips & Warnings
Most nations and jurisdictions of the world are members of the PCT (Taiwan and Malaysia are notable exceptions).
Do not publicize or market your invention before filing your patent application, or your patent application will be denied by any patent office that knows about it. Even if your patent were to be granted by authorities who were unaware of your marketing or publicizing efforts, the patent would be vulnerable to challenge based on "prior publication."
