How to Get a Patent?
There are a few types of patents you can have as well as reasons you are wanting a patent. Some of the common types of patents are for a utility patent, provisional patent, design patent, and plant patent. Each has a specific purpose, so you will need to have a good understanding of what you are wanting to patent and what the different patents are used for.
Filing a Patent Yourself
Here are the basic steps you need to take before filing a patent application. You can file for a patent without the use of a lawyer or get a court involved. There are specific rules from the USPTO, but you can follow the rules and get it done yourself.
You will need to be able to show how your invention works, as well as prove that it is different from all other inventions. You must not have it known to the public or for sale.
You will need to record every step of the invention process in some sort of document. The more information you can have about how you came up with the idea, modifications you have made, and having signed witness will help with the proof of your invention.
Before you poke out around $1,000 to $2,000 to have your invention patent, you will want to make sure it is even worth the money. Have a good understanding of the market you are trying to go after as well as the need for the customs. If there is not much of a demand for your invention even though you may think it is the greatest thing in the world. The marketplace will have the last say so.
Before you spend time and money preparing a patent application, you’ll want to make sure you’ve identified any existing patents or published applications that contain inventions similar to yours.
You can do it yourself or use a company such as LegalZoom. With the LegalZoom patents search, you get a comprehensive search that identifies relevant patents and patent applications published with the USPTO. Your results will be compiled and bound in a booklet for quick reference and you will also receive a helpful guide to understanding your search results.
Prepare and File Your Patent Application With the USPTO
Inventors may apply for one of two types of patent applications:
- A non-provisional application, which begins the examination process and may lead to a patent.
- A provisional application, which establishes a filing date but does not begin the examination process.
Both types of patent applications can be filed either electronically by using the Electronic Filing System (EFS) http://www.uspto.gov/ebc/efs/index.html (for provisional applications, effective January 1, 2002) or in writing to the Commissioner for Patents. You can also request that the U.S. Patent and Trademark Office (USPTO) send informational materials providing a broad overview of the process of obtaining a United States patent, including general requirements and a listing of the depository libraries. For a listing of the information available, visit the USPTO Web site athttp://www.uspto.gov/web/offices/ac/ido/oeip/catalog/products/pp-a2n-1.htm.
Recommendation if you are not wanting to go the “DIY route.
LegalZoom has helped millions of people with legal services including filing for a patent. You will have the ability to coordinate with one of their specialist as well as view their upfront pricing.