How to Obtain Patent Protection
Around the world, patents protect the intellectual property rights of individual and corporate inventors. In order to obtain these legal protections, however, inventors must submit a patent application. In the United States, inventors submit this application to the United States Patent and Trademark Office, or USPTO. No standard patent applications form exists; rather, inventors and lawyers write the individual segments of a patent application. Obtaining patent protection requires inventors to write the patent application correctly and thoroughly.
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Instructions
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Choose the appropriate patent application. Submit a plant patent application for the discovery of a new, asexually reproduced variety of plant, a design patent application for a new and original ornamental design for a manufactured component, and a utility patent for an original machine, process, manufactured component or composition of matter.
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Determine the category of patent to file. Two broad types of patent categories exist: provisional and non-provisional. Provisional patents provide intellectual property protection for 12 months, after which inventors must file a non-provisional patent application, or legal protection expires. Provisional patents enjoy a reduced review time, smaller application fees and less time to complete compared with non-provisional patents. Non-provisional patents, while more timely and costly to obtain, provide the maximum amount of intellectual property protection for the longest time under U.S. law.
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Hire a lawyer. The wording of a patent application determines the intellectual property protection an inventor receives. To maximize intellectual property protection, reduce the time required to assemble the patent application, assist in the prior art search and reduce the risk of rejection, employ a patent attorney or patent agent.
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Conduct a prior art search for similar inventions. All patent applications require a summary of the prior art search. A prior art search hunts for similar inventions by examining prior patents, technical journals and academic journals. Inventors must determine the process or component that most closely resembles their new invention.
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Write the patent application. With assistance from your lawyer, assemble the pieces of the patent application. According to the U.S. Patent and Trademark Office, required sections of a patent application include the application data sheet, the specification, title of the invention, cross-reference to related applications, statement regarding federally sponsored research or development, background of the invention, summary of the invention, description of the invention, invention drawings from several viewpoints, the claim and the abstract of the disclosure. The patent office outlines guidelines for each of these sections.
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Submit the patent application with associated fees. The USPTO allows inventors to submit their patent applications and associated documents online after registering for a customer number and digital certificate. As of 2010, filing fees for patents range from $82 to $390. Patent examination fees range from $70 to $650 and patent issue fees range from $430 to $1,510. The USPTO subjects certain patents to ongoing maintenance fees.
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Tips & Warnings
Obtaining a non-provisional patent may take up to four years; plan ahead.
The USPTO qualifies certain categories of patents for accelerated examination; determine if your invention qualifies.
References
- United States Patent and Trademark Office: Patents
- United States Patent and Trademark Office: Provisional Application for Patent
- European Patent Office: Prior Art Searching
- United States Patent and Trademark Office: A Guide to Filing a Non-Provisional (Utility) Patent Application
- United States Patent and Trademark Office: Current Fee Schedule
Resources
- Photo Credit legal pad and mechanical pencil image by alpy7 from Fotolia.com
