How to Activate a Patent

Apply for a patent and protect your new idea for 20 years.

Protect your brilliant new idea or invention for up to 20 years by filing a patent with the U.S. Patent and Trademark Office (USPTO). They will issue you a U.S. patent giving you the property rights, which activates your patent. This means you can legally keep others from using, selling or making your invention in the U.S. or bringing your invention into the U.S. Choose from a utility patent for your new machine, design patent for your new, original design or a plant patent if you discover a new variety of plant or can reproduce it asexually. The entire process of getting your patent application reviewed can take up to one year. Be prepared to have your application rejected if the USPTO finds a similar idea. You can file the patent application yourself or hire a patent attorney to do it.

Instructions

1. Search through existing patents to make certain one does not exist with your idea. You can search online on the USPTO website.

2. Select what kind of patent you want to file, based upon your invention or idea. Choose from a plant, utility or design.

3. Write down every detail about your idea or invention, using drawings, pictures and diagrams if applicable.

4. Sign and date every page describing your idea and get a witness to sign and date each page if possible.

5. Document the earliest time you came up with your invention. This date can prove your idea came before another with the same idea, if that situation occurs.

6. Fill out the patent application online from the USPTO website and save it online until you are ready to submit it. You can also print the patent application using your printer and then fill it out the paper form. Submit your patent application with the required fees online or mail the application and fees in. You must pay a non-refundable search fee, filing fee and examination fee. Filing fees range from $220 to $380. These fees represent the standard patent fees which vary depending on the type of patent you choose. Examination fees range from $140 to $220 depending on the type of patent you desire and represent the amount you pay the patent examiner to look at your application, which can take several months. Search fees range from $100 to $540 which you pay for the patent examiner to search through all of the current patents as well as pending ones to make certain you have a unique patent. This search process can take months to complete. All fee amounts apply as of March 2010. If the USPTO rejects your patent application, a rare occurrence, you can refile your patent, but you must pay additional fees for refiling--$650 for another examination fee and $540 for another search fee. Once approved, your patent is activated.

7. Hire a patent attorney if you desire to--another fee. Find a good, experienced patent attorney by word of mouth, in journals or on the Internet. Patent attorneys have the advantage of knowing what to do to help you get your patent application approved, even rejections.

Tips & Warnings

• If you have a small business or a non-profit organization or if you consider yourself as an individual inventor, you may qualify as a "small entity" and you pay much less in patent application fees, even half the cost.

References

• U.S. Patent and Trademark Office: How to Get a Patent
• U.S. Patent and Trademark Office: Current Fee Schedule
• WashingtonPatents.com: How To Get A United States Patent

Resources

• Free Patents Online
• U.S. Patent and Trademark Office: Search Options
• U.S. Patent and Trademark Office: Patent Forms