- Make certain you include all of the information required by PTO to evaluate and approve your application. If you leave anything out, even the smallest detail, you are likely to be denied. You will need to include an information disclosure statement and a detailed explanation of how to build and use the design. Plus, you must include a detailed description of the patent claims, which are the parts of the design that will be "patented," along with as many drawings as are required to display the design. Finally, you must sign a declaration, which is a statement made under oath that the application is true, and you must pay the filing fee, although, if you have little money, you can ask for a fee waiver or reduction.
- For several reasons, you may want to file a provisional patent application before you are ready to file the complete application. You may, for example, want an application on file before you show the invention to businesses or potential investors. Similarly, you may want to "race" for a patent by filing an application before somebody else files an application for a similar design. The provisional application is much simpler and more basic than the full application. A provisional application needs only a complete description of the design plus any drawings necessary to understand the design. As long as you file the full application within one year from the date you file the provisional application, you will be able to claim the date of the provisional application on your design patent.
- It is common for a patent applicant to have to amend the application. The PTO will perform an initial review of your application and, if feeling generous, will allow you to correct any minor mistakes. If you have made a major mistake, your application will simply get rejected. But, be prepared to file one or more amendments to explain certain things better or to supplement with more detail. And, be prepared to wait. The PTO is not usually in a rush to review and approve applications, so it often takes up to a year or two for the PTO to finally approve an application. Even after the PTO approves, or "allows," the patent, you will have to wait more because the PTO publishes a description of the patent and then receives public comment, if any, on the patent. As long as nobody objects for good cause, the PTO will then issue you a patent deed.
