How to get a Patent

The patent was number 174,465 issued in 1876. It was patent number 6,469.

Patent - Some Famous Patents

A quick guide to the patent process.

Step 1: Record the Invention ASAP

In the United States, a patent is given to the first to invent, not the first to apply for a patent. Patent applications can cost approximately $2,000 - $10,000 and take years to complete.

An invention must be new, useful and non-obvious to get a patent granted. You may conduct a Patentability (Novelty) Search on your own using keywords and search terms using the free USPTO Patent Database or other patent databases. You will also want to search the USPTO’s Patent and Trademark Depository Library for other patent-related publications.

Step 5: Filing a Patent Application

The majority of Patent Applications are Utility Patent Applications and there are two types of Utility Applications: Provisional and Non-Provisional.

A provides immediate protection for your invention while giving you time to file a regular, .;A Provisional Patent allows an inventor to claim "patent pending" status for the invention for 12 months at a fraction of the price of a regular Patent Application.

A Non-Provisional Patent Application is a regular Patent Application that will protect your invention for 20 years.

*Important Patent Terms*

Patent Drawings (also called patent figures, drafting, sketches, diagrams, or art) – any artwork accompanying patent documents.

Patentability Search (also called Novelty Search) – a thorough search of unexpired and expired patents, related patent and non-patent literature and publications.

Your invention must be proved novel in order to be eligible to receive a patent.

Patent Agent – patent professionals who usually have a technical education background but have also passed the USPTO patent bar exam to become a registered patent agent with the USPTO.

Patent Examiner – a USPTO professional who examines patent applications to determine patentability. Also, international patent documents and international patent databases should be included

Patent Claims – the claim or claims are a series of noun phrases following the description and drawing portions of the patent application which define the extent of the protection granted by a patent. They are extremely important for patent prosecution and litigation when enforcing your patent.

Patent pending (also called patent applied for) – as soon as an application is filed, you must mark “patent pending” on your product.

Utility Patent - patents an invention (a process, machine, manufactured item or composition of matter) for a term of 20 years. There are two types of Utility Patent Applications: Provisional and Non-Provisional.

Provisional Utility Patent Application - provides immediate protection for the invention while giving the inventor time to file a regular Non-Provisional Patent Application

Non-Provisional Utility Patent Application - a regular Patent Application that will protect your invention for 20 years if granted