Things You'll Need:
- Patent Software
- Attorney Referral Services
- Patent Marketing Services
- Patent Applications
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Step 1
Determine whether your idea warrants patent protection. The Patent and Trademark Office (PTO) has an online patent database at www.uspto.gov.
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Step 2
Compose a written patent application consisting of a number of subparts required by the PTO, which typically include a detailed description of the invention's structure and operation; a listing of the attributes that set the invention apart from previous related inventions (known as the 'prior art'); a precise description of what aspects of the invention deserve the patent (the patent claims); and a signed oath or declaration.
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Step 3
Create a drawing of the invention that shows all the invention's parts or aspects. You can either submit formal drawings with your application or submit simple sketches until your patent is approved, at which point you'll be required to submit detailed drawings of your invention before the patent will issue.
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Step 4
Determine your filing fee by checking the fee schedule at the PTO Web site. For utility patents, the filing fee is $380 for independent inventors and companies with fewer than 500 employees and $760 for large companies. (Expect additional fees of more than $3,000 for getting the patent issued and maintaining it in force until its expiration date.)
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Step 5
File the application, drawings or sketches, and fee with the assistant commissioner for patents at the PTO.
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Step 6
Communicate with the patent examiner regarding the scope of your invention and its qualifications for a patent. Typically, this takes more than a year. Some self-help resources, such as www.nolo.com, provide detailed information for every step of this complicated process.
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Step 7
If a patent is issued, pay the issue fee of $605 for small entities and $1,210 for large entities.









Comments
krazigirl79 said
on 8/16/2008 Great advice, I had no idea where to get started. This process is very daunting- I think I might hire a lawyer to deal with it all and skip the ground work. I already have prototype- now I just need to deal with the paperwork part- fun!
soccermatrix said
on 7/10/2008 Even with this explanation, I think it's still hard to get an idea patented. It costs money and time. Some times an idea it's pretty simple, but paying and waiting is not worth it. I wish I could tell my ideas to the world, and you know, if someone uses it, then maybe a piece of the pie for me. Hey, there is another idea for a website, damn, I can't help myself.
revisitingnixon said
on 4/19/2007 I think there are many folks out there who have these brilliant ideas, but just get intimidated by the process of patenting them. It's almost foreign to many, and this article gives clear guidelines. Awesome.
ChrisMassena said
on 4/19/2007 Excellent advice. I thought about applying for a Patent on a "thing" that my Brother-in-law and I built for my Jeep, but I always assumed it wasn't worth the time and effort. Perhaps I was mistaken. Thanks.