How to Patent a Business Process

Patents come in many forms. Inc.com reports there are 450 subject classes and 150,000 subject subclasses in the Index to the U.S. Patent Classification System. For example, when Amazon developed its "1-Click" method of purchasing, the company patented the process. You should hire a patent lawyer to help you secure your patent. But, you can cut some of the expense involved in patenting, and do the legwork yourself.

Instructions

    • 1

      Apply two standards to the business process you´ve invented to determine if it qualifies for a patent. According to TechCrunch.com, in order to have the patent application approved, the process must fall under one of two categories: It must be tied to a machine or apparatus. In the Amazon "1-Click" example, this process affects a computer and a purchasing system. The second rule says the process must transform a particular article into a different state or thing.

    • 2

      Search the United States Patent and Trademark Office (USPTO) database for any similar patents. If the database lists a similar method, you may not be able to receive a patent. Open the database window on your computer. Click on "Quick Search," which uses keywords to tract down similar patents. For example, you might search for online purchasing systems. Look at the full text for each option and see if it is similar to your invention before continuing.

    • 3

      Develop a patent drawing. This will be required with the application, and is an illustrated recreation of your invention. An illustration of a business process might include a flow chart which offers a step-by-step view of the process.

    • 4

      Open the EFS-Web page. EFS-Web is the online application system for the patent and trademark office. This is where you begin your patent application.

    • 5

      Click on "Launch EFS-Web Unregistered eFiler," to begin the application and registration. You must follow the on-screen instructions.

Tips & Warnings

  • The application takes about 24.6 months to process after submission of all documents and payment of filing fees.

  • Hire a patent attorney or patent service to help you.

  • If you can´t provide a professional drawing, hire a patent draftsman to complete the illustration for you.

  • Research your patent ahead of time. If there is a similar process patented, then your application may be rejected, and you will lose your application fee.

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