Guide to Patents

If you have an idea for an invention or an improvement in existing technology that is truly novel, you may be able to get a patent on it. Under U.S. law, a patent gives you the right to "exclude others from making, using, offering for sale" your invention (U.S. Patent Office). Inventions, improvements of existing technology, designs and some types of computer software and genetically engineered organisms may be patented. Things that occur naturally or scientific discoveries cannot be patented. In addition, the innovation must be useful (meaning it does something specific).

Preliminary Steps

Let's say you've already developed your idea and built a working prototype. You're now ready to start the process of getting a patent. Although it's not legally required, you should retain a patent attorney or agent approved by the U.S. Patent Office. Approval means they have the technical expertise as well as legal training to handle patent applications. Your attorney/agent will file a provisional application for patent. Introduced in 1995, the provisional application protects your idea for 1 year, giving you time to go through the full patent filing and approval process.

The next step is a preliminary patent search, either online (see link below) or in person at the U.S. Patent Office archives in Virginia. This is a limited search intended only to discover if someone has previously patented the idea. Assuming that is not the case, your attorney/agent will review your innovation in detail and then conduct a second, more intensive search. Few ideas are entirely new in every respect. The goal of this second search is to identify which features of your innovation are not covered by prior patents and may therefore be patented by you.

Application Process

A patent application consists of four sections that, taken together, present a comprehensive description of your invention. First comes a discussion of prior art and how it relates to your idea. Next is a summary that explains your invention, followed by the "preferred embodiment," a term meaning the proposed design for implementing your idea. Last (but most important) is the claims section. Here a detailed description of your innovation and how it works is presented, including detailed specifications and drawings.

Once the patent application is prepared and filed, it goes to a patent examiner in the U.S. Patent Office. After reviewing the application, the examiner will either accept or, more likely, reject the application. Usually the examiner will identify some issues that need to be resolved, so an initial rejection is really more a matter of asking for clarification and revision. Once the patent examiner is satisfied, the patent is approved and all that remains is to pay the patent fee. However, you will have to pay a maintenance fee every few years to keep the patent current during its entire 20-year duration.

Resources

• U.S Patent and Trademark Office: How to Apply