How to Get a Patent: Steps, Fees, and Legal Protections
This paper outlines the step-by-step process for obtaining a patent in the United States. It covers the provisional patent application — which establishes patent-pending status — and the subsequent non-provisional application, including required documentation, associated fees, and submission methods through the USPTO. The paper also addresses practical considerations such as conducting a prior-art search and maintaining organized records. Finally, it explains the legal rights and royalty protections granted to patent holders under the American Inventors Protection Act, providing inventors with a concise overview of the full patenting process.
- Introduction to the Patent Process: Overview of the two-stage U.S. patent process
- Step One: The Provisional Patent Application: Fees, documents, and submission for provisional filing
- Step Two: The Non-Provisional Patent Application: Requirements and timeline for the full patent application
- Practical Considerations for Inventors: Organization tips and prior-art search advice
- Legal Rights and Protections for Patent Holders: Royalty rights under the American Inventors Protection Act
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What makes this paper effective
- The paper logically sequences the two-stage patent application process, making a complex government procedure easy to follow for a general audience.
- Concrete details — such as specific filing fees for micro, small, and large entities — ground the discussion in actionable, practical information.
- The paper closes with a direct statutory quotation from the American Inventors Protection Act, lending authority to its claims about patent holder rights.
Key academic technique demonstrated
The paper demonstrates effective use of authoritative primary and secondary sources, citing the USPTO directly alongside a legal firm and NOLO, a recognized legal reference. This layering of official government sources with accessible legal commentary shows how to validate procedural claims with credible evidence across different source types.
Structure breakdown
The paper opens with a broad overview of the patent process before drilling into each stage sequentially: the provisional application, the non-provisional application, practical preparation advice, and finally legal protections. This funnel structure — from general to specific — suits an informational essay and ensures readers understand context before encountering procedural detail. Total length is appropriately concise for the scope of the topic.
Introduction to the Patent Process
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 initiate the process with the U.S. government by filing a provisional patent application. This establishes patent-pending status for your invention, but it is not the means by which a patent is ultimately granted. To obtain the patent, you must proceed to the next step — the regular, non-provisional patent application process — which is more intensive and requires considerably more work.
Step One: The Provisional Patent Application
The provisional patent application requires a small filing 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. All of these materials can be mailed to the United States Patent and Trademark Office (USPTO) or filed online at USPTO.gov.
Step Two: The Non-Provisional Patent Application
The regular patent application must be filed within one year of filing the provisional patent application. This non-provisional application is what actually initiates the approval process; the provisional step simply holds your place in line. The non-provisional application requires four things: a written document specifying the details of the invention, drawings (if needed), an oath or declaration from the inventor, and payment of filing, search, and examination fees (USPTO, 2018). Follow-on correspondence may sometimes be required by the Patent Office if additional information is needed regarding the design. As with the provisional application, all materials can be mailed to the Office or electronically submitted through USPTO.gov.
References
LoTempio, V. (2018). Patents. Retrieved from https://www.lotempiolaw.com/2010/08/patents/patent-pending-provisional-rights/ https://www.nolo.com/legal-encyclopedia/getting-patent-yourself-29493.html
NOLO. (2018). Getting a patent. Retrieved from
USPTO. (2018). Patents: Getting started. Retrieved from https://www.uspto.gov/patents-getting-started/general-information-concerning-patents#heading-12
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