Steps to Filing a Patent
A patent prevents others from using, selling or making a protected invention for a limited time. The U.S. Patent and Trademark Office grants three different types of patents: utility, design and plant. Exclusive rights to utility and plant patents last for 20 years from the application date; exclusive rights to design patents last for 14 years from the date of the patent grant.
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Instructions
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Determine whether the USPTO already issued a patent for your invention. Conduct a search for patents through any of the following online sources: USPTO Patent Full-Text and Image Database, USPTO Patent Application Full-Text and Image Database, Patent Application Information Retrieval, Public Search Facility, Patent and Trademark Depository Libraries, Patent Official Gazette, International Patent Offices, Published Site for Issued and Published Sequences, and the Patent Assignment Database.
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Decide on the type of application to file. An applicant can apply for a utility patent, a design patent or a plant patent. A utility patent is for a new, nonobvious and useful machine, article of manufacture or composition of matter. A design patent is for an ornamental design of a manufactured product. A plant patent is for the discovery or invention of a new asexually reproducible plant.
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Decide whether to file a provisional or a nonprovisional patent application. A nonprovisional application initiates the application process for a patent grant. An applicant can file a provisional application for a patent, which will give the applicant 12 months of protection and does not require the submission of patent claims or the oath or declaration. An oath or declaration is a statement made by the inventor that the inventor believes he or she is the original and the first to invent the subject matter.
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Submit drawings with the application. An applicant must submit drawings if it will help explain how to the invention works. The drawings should provide appropriate illustrations of the invention.
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An applicant can file for a patent online--the recommended method by the USPTO--or file by mail. To receive a receipt after submitting a mail-in application, the applicant should include a self-addressed postcard that includes a list of every page submitted, the inventor's name, the name of the invention and the filing date.
If filing online, use the USPTO's Electronic Filing System. Convert all documents to standard PDF format prior to filing.
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Pay the filing fee. Submit the payment by mail with a mail-in application or, if applying online, use a credit card. The filing fee ranges from $82 to $330, depending on the type of patent, whether the applicant qualifies as a small entity and whether the applicant files online.
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Tips & Warnings
In most cases, an examiner will not issue a patent based on the applicant's initial filings. Typically, the applicant and the patent examiner will communicate in writing and verbally about the scope of the patent.
If the examiner rejects an application for a patent, the applicant can amend the application and resubmit it for approval. An applicant can appeal an adverse decision by the examiner.
It takes from one to three years to receive a patent approval.
