How to Get a Patent

Patenting There are several steps to take when seeking to obtain a patent for a new invention. You must have all of your documentation in order to begin with, and then you must begin the process with the U.S. government by initiating the provisional patent application process. This is to allow you to obtain patent-pending status for your invention. It is not the means by which a patent is obtained, however.

In order to obtain the patent, you must proceed to the next step, which is more intensive and requires more work on your part—and this is the regular patent application process. The first step, the provisional patent application process, requires a small fee ($65 for micro-entities, $130 for small entities and $260 for large companies) (NOLO, 2018). The process also includes providing a description of the invention, an explanation of how it is used, and a drawing of the invention.

This can all be mailed to the United States Patent and Trademark Office or filed online at USPTO.gov. The regular patent application must be filed within a year of filing the provisional patent application. This is actually what kick starts the application approval process. The provisional step is just to hold your place in line.

The regular patent application or non-provisional application requires four things: a written document that tells the specifics of the invention, drawings (if needed), and oath or declaration from the inventor, and filing, search, and examination fees (USPTO, 2018). Follow-on correspondence may sometimes be required by the Patent Office if more information is needed on the design. All of this can be mailed to the Office or electronically submitted through USPTO.gov.

The legal steps for completing this process can be completed relatively quickly but it ultimately depends on how organized you are. If you have preserved all your notes and design sketches from production, it will be much less time-consuming than if you have to go back and reproduce all these items yourself. You should also take time to search patents yourself to see if your design has already been produced by another inventor. This could save you costs when you file your patent.

The rights and protections afforded by obtaining a patent are guaranteed by the American Inventors Protection Act, which states that “patents issuing on published applications will include the.