How to Submit a Patent Request

Patents, issued by the U.S. Patent and Trademark Office, give inventors property rights of their invention, for a limited time.

Patents give inventors ownership of their invention, but the process is complex, and is often best left to a patent agent or attorney. Patents are issued by a national regulatory body, the U.S. Patent and Trademark Office. In 2009, the USPTO received 482,871 patent applications, approving 191,927, according to the USPTO website. Patents allow inventors to feel secure about not having others steal or profit from their inventions. This, in turn, incentivizes creation and invention of new products and ideas, as well as the improvements of past patents.

Instructions

1. Search the USPTO online database for existing similar patents. Searches can be text-based or of images, with full-text patents available from 1976 on, and images going back as far as 1790. If your invention has already been patented, you will be not be able to resubmit it. Determine whether you will file a design, plant or utility application, with the latter two being further broken down into provisional and non-provisional. Utility patents are the most common, as they deal with functional inventions such as a product or a machine.

2. Lay out your filing strategy. Consider factors such as whether you request international patent coverage and petition to have the patent process expedited. Familiarize yourself with the terms of the Patent Cooperation Treaty, which protects patents across borders. Determine if you will be filing pro se, by yourself, or with a patent lawyer or agent. The latter option is recommended due to the complexity of the process.

3. Procure a customer number, which identifies you as an individual filing entity, and a digital certificate, which allows for secure access to your patent. File your completed application using the USPTO EFS-Web filing system. The application is a multi-step process to be filled out in English, with sections that include: a comprehensive overview of the invention, including its name, functions and background overview, coupled with detailed drawings showing the invention from every angle. Mail in any supplementary documents, such as the drawings, that cannot be submitted online, itemizing each document.

4. Submit your application by paying the basic filing fee, which is $330, $220, $220 for the utility, plant and design applications, respectively, as of 2010. Pay an issue and a publication fee after the USPTO accepts your application and issues a patent. If your application is denied, you may enter a lengthy appeals process with the Board of Patent Appeals and Interferences.

5. Pay maintenance fees on your patent every 3.5, 7.5 and 11.5 years. During this time, inventors are allowed to make certain modifications to their patents, by contacting the USPTO. Patents must generally be renewed approximately every 20 years, by paying the basic reissue fee of $330 (as of 2010).

Tips & Warnings

• Familiarize yourself with various domestic and international patent laws by visiting the USPTO website.

• Focus on the claims section of the application, giving a detailed overview of your invention and its capabilities, as this will determine the patent protection.

References

• U.S. Patent and Trademark Office: Process for Obtaining a Utility Patent
• U.S. Patent and Trademark Office: About EFS-Web
• U.S. Patent and Trademark Office: How to Get a Patent
• JOM: Post-Issuance Patent Office Modification of U.S. Patents

Resources

• U.S. Patent and Trademark Office: USPTO Forms