How to Obtain Patents on Inventions

Obtaining a patent requires electronic submission of a patent application.

Thoughts of riches, the excitement of creating a new product or process and investigations into the unknown motivate inventors. To receive credit for their inventions and realize monetary gain, however, inventors must hold the intellectual property rights to their inventions. Inventors receive the intellectual property rights to their inventions when the U.S. Patent and Trade Office, or USPTO, grants them a patent. Obtaining a patent on an invention requires inventors to adhere to USPTO guidelines while submitting their invention for patent examination.

Things You'll Need

• Invention drawings

Instructions

1. Evaluate the patentability of the invention. As written in the 1966 Supreme Court opinion of Brenner v. Manson, inventors may only patent useful inventions that provide a "specific benefit" to a segment of the public. Ensure the invention provides a specific, useful benefit to some segment of the population or you may not obtain a patent.

2. Hire a patent agent or patent law attorney. A patent law attorney helps determine the originality of an invention, evaluates the patentability of an invention, assists in drafting a patent application with the proper legal language and aids in patent application submission. An experienced patent law attorney provides a valuable partner to an inventor when obtaining a patent.

3. Investigate an invention's novelty. The USPTO demands inventors submit only new and original inventions. Visit a library to conduct a "prior art" search---go through academic journals, technical journals and previous patents to determine if any comparable processes or products exist.

4. Write a patent application. After determining the usefulness and novelty of an invention, draft the patent application. Following USPTO guidelines to fill out each required section, include invention drawings. Write the intellectual property claim and sign an oath declaring the invention your own work.

5. Obtain a customer number and digital certificate from the USPTO. A customer number associates all inventor/USPTO correspondence with the inventor's mailing address while the digital certificate permits inventors secure access to patent documentation. The customer number and digital certificate allow inventors to submit patent applications online.

6. Submit the patent application to the USPTO electronically. Using your customer number and digital certificate submit the completed patent application with associated fees online. Before submitting, ensure your patent law attorney reviews the patent application packet for thoroughness.

Tips & Warnings

• Hire an experienced patent law attorney with a proven record of accomplishment.

• Resubmission of patent applications costs more than first-time applications; get it right in the original application.

References

• University of Connecticut Law School: Brenner v. Manson (1966)
• Massachusetts Institute of Technology: Inventor's Handbook-Chapter Three
• European Patent Office: Prior Art Searching
• United States Patent and Trademark Office: Getting Started-New Users

Resources

• United States Patent and Trademark Office: Patent Attorney/Agent Search
• U.S. Patent and Trademark Office: Non-Provisional (Utility) Patent Application, A Guide to Filing
• United States Patent and Trademark Office: Process for Obtaining a Utility Patent