How to Patent Your Idea for Free

Some inventions do not qualify for a patent.

Put that useful idea down on paper, turn it into a product and get it patented before someone else beats you to it. A patent is a legal document granted by the U.S. government that gives an inventor property rights to the invention. An idea by itself cannot be patented. However, an invention (a product), process or machine can be patented. The patent application process is not free but the preparation process can be low cost. The patent application, fees and details outlining the process are available free from the U.S. Patent and Trademark Office.

Things You'll Need

• Safe-deposit box (optional)
• Notary
• Materials for a prototype
• Patent application fees
• Access to a computer
• Patent attorney (optional)

Instructions

1. Write down your idea and develop it into an invention. Ideas are not patentable by themselves and must be developed into a product, process or machine so that the U.S. Patent and Trademark Office (USPTO) can assign a patent.

2. Draw your invention in detail and write a detailed description of it. Include all the ways it could be manufactured, all the uses it could have and the ways it could be marketed. Draw plans, elevations and three-dimensional drawings of the invention. Place a date on each drawing and a description and have the documents notarized immediately. (see Tips)

3. Make a copy of the original drawings and description documents. Place the notarized originals in a safe-deposit box at your bank or in another safe location that protects them from fire, theft or damage. Use the copy as you continue the patent process.

4. Contact the USPTO and conduct a patent search to know whether your idea or a similar idea has been patented before. The search process will reveal what others have patented. Once patented, the same invention must be modified dramatically before it can be patented by another person---see the USPTO requirements to determine how modified inventions are accessed by the patent office. The patent database is accessible from the home page of the USPTO website. (see Resources)

5. Build a prototype or model of the invention. The model can be used in the patent application process to further explain the invention. Waiting until after a patent search has been conducted will keep the inventor from pursuing this labor intensive process unnecessarily.

6. Fill out the application materials from the USPTO, and file for the patent---an application can be accessed online. A series of fees will need to be paid at each step of the process. Small businesses and individuals may qualify for reduced fees.

Tips & Warnings

• Patents can be refused, so it is important to investigate the whole patent process before paying the fees; the fees are non-refundable.

• Be aware that notaries can charge the maximum fee your state allows, and fees vary from state to state.

• A patent attorney can be useful during the application process. Patent attorney's can help the inventor make decisions about what type of patent to file and whether it is beneficial to file an international patent.

References

• United States Patent and Trademark Office: Current Fee Schedule
• "Patent Your Idea Yourself Without An Attorney"; Edgar M. Nash; 2002

Resources

• United States Patent and Trademark Office