How Do I Get A Patent?

Filing a patent application in the United States is a comprehensive process involving several stages and necessitates careful adherence to the guidelines set by the United States Patent and Trademark Office (USPTO). Below is a detailed breakdown of the process required to file a patent application in the U.S.:

• Preliminary Considerations:

  Determine Patentability: Not everything can be patented. Generally, the invention should be novel, non-obvious, and useful.
  Types of Patents: Decide which type of patent you need: utility (most common, for a new or improved product, process, or machine), design (for a new, original, and ornamental design), or plant (for a new variety of asexually reproduced plant).

• Conduct a Patent Search:

  Prior to filing a patent application, it’s beneficial to conduct a patent search to determine if your invention has already been patented. This can be done using online databases, like the USPTO’s own search tools, or by hiring a patent attorney or agent.

• Prepare and Draft the Patent Application:
• Title of the Invention: Concise and specific.
  Background: Details on the current state of the art and how the invention improves or changes it.
• Summary: Brief overview of the invention.
• Detailed Description: Comprehensive details about the invention, ensuring someone with expertise in the field can replicate it.
• Drawings: Visual representations if necessary for understanding the invention.
• Claims: Critical part of the application, defining the scope of the protection sought. They must be clear and specific.
• Abstract: A brief summary of the invention.
• Decide on a Filing Strategy:

  Provisional vs. Non-Provisional: A provisional application is a placeholder, giving inventors a 12-month period to file a non-provisional application. It’s simpler and doesn’t require formal claims. A non-provisional application begins the official examination process.
  Domestic vs. International: If you intend to protect your invention outside the U.S., consider the Patent Cooperation Treaty (PCT) application.

• File the Patent Application:

  Submit the application to the USPTO. This can be done online through the USPTO’s Electronic Filing System (EFS-Web) or by mail.
  Pay the required fees. The amount varies based on the type of application and the size of the entity applying (e.g., micro-entity, small entity, large entity).

• USPTO Examination Process:

  After filing, the application is assigned to a patent examiner with expertise in the relevant field.
  The examiner reviews the application to ensure it meets all patentability criteria.
  If issues are identified, the examiner issues an “Office Action” detailing the problems. The applicant then has a set period (usually 3 months) to respond.
  This back-and-forth can happen multiple times until the application is either approved or rejected.

• Patent Issuance:

  If approved, the USPTO issues a “Notice of Allowance,” indicating the patent will be granted after the payment of issue fees.
  Once fees are paid, the patent is granted, and the USPTO issues a patent number and certificate.

• Maintain Your Patent:

  After the patent is granted, maintenance fees must be paid at intervals to keep the patent in force. For utility patents, these are due at 3.5, 7.5, and 11.5 years from the date of issuance.

• Enforcing Your Patent:

  After obtaining the patent, the responsibility for enforcing it lies with the patent holder. If someone infringes on the patent, the holder may need to take legal action.

• Continually Monitor & Adapt:

  Be aware of technological advancements and market trends that may influence your patent or its potential commercial application. Also, consider filing for additional patents if you make improvements to your original invention.

Throughout this process, many inventors choose to hire patent attorneys or agents to guide them, as the patent application process can be complex and intricate. Start now.