How to Patent a Toy

How to Patent a Toy thumbnail
If you create an original toy, you can get a patent for it.

If you have dabbled in creating toys, you may want to patent your invention. Patents prove the toy was your idea by requiring you to show in detail how the toy was conceived and how it is made, using comprehensive schematics. Patents prevent anybody else from profiting from your idea.

Things You'll Need

  • Application fee
  • Search fee
  • Issuing fee
  • Publishing fee
  • Maintenance fees
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Instructions

    • 1

      Pay the search fee to make sure there are not similar toys already patented. As of mid-2010, the fee was $540.

    • 2

      Print and fill out the customer number form on the U.S. Patent and Trademark Office website. This number is not a requirement, but it is recommended if you want help filing your patent. Fax the completed form to the Electronic Business Center at 1-571-273-0177.

    • 3

      Apply for your patent via the "Web Filer," which is the program used to process your application. This is found on the U.S. Patent and Trademark Office website. Use the "unregistered filer" if you did not obtain a customer number or use the "registered filer" if you did. The form will require personal contact information and comprehensive schematics of your invention. You must file a utility patent for a toy.

    • 4

      Submit your completed application along with the fee. You must pay $330 for a utility patent application as of mid-2010. Wait a few weeks for the application to be approved.

    • 5

      Pay the fees for issuing and publishing the patent, $1,510 and $300, respectively, as of mid-2010.

    • 6

      Pay additional fees for maintenance after 3.5, 7.5 and 11.5 years, $980, $2,480 and $4,110, respectively, as of mid-2010.

Tips & Warnings

  • Obtaining a patent is difficult. It's probably best to enlist the assistance of a lawyer who specializes in patents.

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