How to Patent a New Service

A patent application is a complicated legal document.

A patent protects the intellectual property rights of inventors by excluding anyone else from duplicating, selling, offering or using your new service invention. The United States Patent and Trademark Office oversees the patent process and grants new patents. Although applying for a new service patent is a complicated process and you should hire a patent attorney or agent, you can file for a patent on your own.

Instructions

1. Search the U.S. Patent database at the Patent and Trademark office website to ensure that someone else doesn't already have a patent on your new service. Perform a quick search, advanced search or a patent number search. Use keywords, patent numbers, patent issue dates or a current U.S. classification.

2. File the appropriate patent application. There are three types of patent applications: design, plant and utility. For a new service, file utility patent application, which is also called a non-provisional patent application. Include the requested documents such as a transmittal letter, transmittal form, application data sheet and executed oath or declaration with your application.

3. Determine the patent application fee. There are various fees of the different patent application. Choose the appropriate fee for the utility application. You will include the fee with your utility application when you submit it to the patent office.

4. Apply for a new service patent. This can be done with the electronic filing system on the patent office website. Log in as an unregistered eFiler. Provide your last name, first name and email address. Select "New Application" and click "Continue." The system guides you through the patent application process. Once submitted, your application undergoes a patent review process.

5. Pay the patent issue fee and publication fee. Once your new service patent application is approved, the patent office will send you a Notice of Allowance and Fee(s) due. Your patent will be mailed to you after the fees are received.

Tips & Warnings

• You may also submit your completed patent application via mail or hand deliver it to the United States Patent and Trademark Office.

• You must pay a maintenance fee for your new service patent.

References

• United States Patent and Trademark Office: Process for Obtaining a Utility Patent
• United States Patent and Trademark Office: A Guide to Filing A Utility Patent Application

Resources

• United States Patent and Trademark Office: Fee Schedule