Instructions for How to Get a Patent

Patents protect intellectual properties, including chemical and drug formulas.

Patents protect intellectual property rights, and patent ideas must be a new and original invention or discovery. The history of patent protection dates to Article 1, Section 8 of the U.S. Constitution where the rights of authors and inventors to protection of writings and discoveries was specifically mentioned. Inventors and authors have three options to patent protection, including utility, design and plant patents. Each require separate applications.

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Patent application forms
Patent fees
Registered patent attorney or agent
Computer drafting program, optional

Instructions

- 1
  
  Determine the type of patent you'll need. Patent applications requirements vary with the nature of the unique invention or design. Utility patents apply to inventions or discoveries of machines, articles of manufacture, new improvements to any composition or matter or any new and useful process or machine. Design patents apply to original, new and "ornamental design for an article of manufacture." Inventors and discoverers with new and distinct varieties of plants apply for plant patents.
- 2
  
  Download or request a paper patent application and collect your notes, diagrams and patent materials to build the application. Paper application requests are made through the main patent office in Alexandria, Va. You'll need your documents to meet with the registered patent attorney or agent. Use the official application for a checklist of the required documents necessary to write the application.
- 3
  
  Locate a registered patent attorney or patent agent. Contact the Office of Enrollment and Discipline, part of the U.S. Patent and Trademark Office, via email or telephone using the U.S. Patent Office contact information to locate a local registered patent attorney or patent agent. If you insist on preparing an application without a registered attorney or agent, request the the U.S. Patent office send informational materials for obtaining a patent and the general requirement information for listing your patent in the Patent and Trademark Depository Libraries.
- 4
  
  Complete color drawings of your invention or discovery by hand or using a computerized drafting program. Design your own drawings or hire a professional firm to complete the required drawings. The drawing must detail all features and elements with labels. The design illustrates how your invention distinguishes itself from other patent inventions and devices.
- 5
  
  File the patent application, with or without assistance of an attorney or patent agent, online or through paper application to the main patent office in Alexandria, Va. Depending on the type of design, you may also need to file information disclosures, known as eIDS, and International Patent Cooperation Treaty applications. These patents protect your design from international encroachment. Fees must accompany the application and these vary with the type of patent application. Paper mail submissions must include "Mail Stop Assignment Recordation Services" as part of the address.