The process for how to patent an idea is well-established. Once an inventor determines they need a patent to protect something they’ve created, they review existing patents to make sure their idea is original, submit an application to the United States Patent and Trademark Office (USPTO), and pay the relevant fees if their application is approved.
Getting Started
A patent is needed to protect a new invention or an improvement to an existing invention. A patent must be nonobvious and able to be clearly defined. It is different than a trademark, which covers the representation of a name or brand, or a copyright, which extends protection to a piece of literature, music or art.
In order to make sure an idea is original and hasn’t yet been patented, inventors will conduct a patent search for prior art. In an effort to the search process, many applicants will create a patent abstract to explain what an invention looks like and what it does. This makes it easier to see any potential overlap with existing patents and avoid patent infringement, where an inventor could be sued in order to stop production or by a company seeking compensation for a loss of income.
The Three Types of Patents
When applying for a patent, an inventor can decide if it is non-provisional, the standard protection of 20 years, or provisional which offers a one-year grace period of coverage in which companies can test market or tweak the development of their inventions.
- Design patent covers the appearance of an invention, not its function.
- Utility patent applies to the function of a given invention.
- Plant patent is used by an inventor that has discovered and asexually reproduced a new variety of plant.
Applying For A Patent
In order to qualify for a patent, the actual inventor has to submit an application to the United States Patent and Trademark Office. The USPTO grants patents to protect applications and reviews trademarks. If an inventor is seeking worldwide protection, they might want to consider submitting to international agencies as well. While applying for a patent, many companies will note on merchandising that an item or service is patent pending in order to discourage competitors from developing a similar product. This doesn’t guarantee that a patent will be approved.
An initial filing fee of $150 covers up to three submitted claims and is nonrefundable. If a claim is accepted, it costs $650 for a patent to be issued and $3,500 in maintenance fees over a period of 11½ years. A small entity may be entitled to paying reduced fees.
Drafting A Claim
A claim establishes what an invention does in writing in order to set up the legal scope of protection being sought under a patent application. An invention can have more than one claim attached to it. Many would-be inventors will hire patent lawyers or professional development firms to help them conduct a search and draft a patent claim. It’s important to understand exactly what services an invention promotion firm is actually providing in order to ensure adequate protection.
What to Submit
The application must present a clear and compelling case that the invention being reviewed by the United States Patent Office is unique. It should include the following:
- Application Transmittal Form covers what is included, like the cover page to a fax.
- Data Sheet includes relevant biographical, contact and assignment information.
- The specification is where an inventor describes an invention in as much detail as possible and always ends with a claim(s).
- Patent drawings, when possible, are done in black and white to show the proportions of a given invention and should be numbered.
- An oath or declaration states an inventor believes he is the first to think of this invention.
- Filing fees submitted along with all the necessary paperwork.
Review Of A Patent
The US Patent Office reviews a given application. An examiner will compare the application against all prior domestic and foreign patents. An action is then sent to the applicant which may state that a patent has been accepted, denied, or further explanations are needed. Applications can be amended in order to clarify drawings or claims, in an attempt to satisfy an examiner's questions. Inventors can also appeal a rejection if they feel it is unjustified. If the USPTO doesn’t receive a reply to a question within six months, an application is considered abandoned and will no longer be considered. An approved patent can also be abandoned if a registrant fails to pay their maintenance fees or chooses to abandon the patent to the public domain.
Related Resources
About.com Inventors: Application Data Sheet – ADS [1] About.com Inventors: Application Transmittal Form [2] About.com Inventors: Correct Use of Patent Marks and Patent Pending [3] About.com Inventors: Definition of Abandonment [4] About.com Inventors: Definition: Specification [5] About.com Inventors: Filing Fees For Non-Provisional Patents [6] About.com Inventors: Filing For a Provisional Patent Application [7] About.com Inventors: Guide To Patenting And USPTO Patent Applications [8] About.com Inventors: Hiring Patent Lawyers [9] About.com Inventors: How much money do I need for patenting? [10] About.com Inventors: How to appeal the rejection of your patent application [11] About.com Inventors: How To File For A Design Patent [12] About.com Inventors: How to Get a Plant Patent [13] About.com Inventors: How To Qualify for a Patent [14] About.com Inventors: Inventing 101 - FAQ on Patents [15] About.com Inventors: Inventing 101 [16] About.com Inventors: Making Amendments to a Patent Application [17] About.com Inventors: Making Patent Drawings [18] About.com Inventors: Patent Infringement [19] About.com Inventors: Patent Search [20] About.com Inventors: Patent, Trademark & Copyright Offices [21] About.com Inventors: The US Patent Office's Role In Patent Application Examination [22] About.com Inventors: Tips on Writing a Patent Application [23] About.com Inventors: USPTO [24] About.com Inventors: Utility Patent [25] About.com Inventors: What Is A Small Entity? [26] About.com Inventors: Who can apply for a patent? [27] About.com Inventors: Writing Patent Claims [28] About.com Investors: Invention Promotion Firms [29] United States Patent and Trademark Office: § 1.63 Oath [30]