How to Patent An Idea

How to Patent an Idea – How to Patent an Invention

I. HOW TO PATENT AN IDEA – OVERVIEW
  1. To patent an invention, you will need to file in the USPTO a non-provisional patent application containing patent claims which define your right, after a patent has issued, to exclude others from making, using, or selling the material included in the scope of your patent claims.
  2. An Office Action will be issued by the USPTO, typically at least a year or more after your non-provisional patent application has been filed. The USPTO Office Action, while citing existing patents or other “prior art”, may typically reject some or all of the claims in your patent application based on various factors including lack of novelty or else “obviousness”.
  3. By filing various responses and amendments to the USPTO Office Actions, if your patent applications meet all the requirements for a patent, the USPTO will “allow” some or all of your patent claims.
  4. After paying the various “issue fees”, the USPTO will grant you a patent based on the allowed patent claims contained in your patent application and amendments.

II. HOW TO PATENT AN IDEA – STEPS TO FILING A PATENT APPLICATION

  1. You cannot patent an idea by simply filing a provisional patent application. To patent an idea, you will need to file a nonprovisional patent application in the USPTO. There are a number of steps involved to file a patent application.
  2. Prepare black line sketches or drawings of your invention illustrating and labeling all the essential elements of your invention. Your drawings should preferably be available in a PDF file format.
  3. Prepare an informal text description of your invention, describing the structure and elements of your invention, and also describe how your invention is made and used. If your invention is a process or a software invention, prepare an informal description of the steps involved and the functions performed.
  4. A patent search is not required before filing a USPTO patent application, but it may be advisable in many cases so as to avoid unnecessary patenting expenses. You may perform your own patent search if you prefer, or else for a fee I can perform a US Patent Search for you that will include a patentability opinion. A patentability search cannot determine whether or not you will receive a patent on your invention, but it can provide you an assessment as to the difficulty you might encounter to obtain a patent on your invention. Please see the “Patent Searches” menu item for further details. http://www.accupatents.com/patent-searches/
  5. Consider whether you would like to file a provisional patent application or a non-provisional patent application. (Please see the Provisional and Non-provisional Patent Application pages on the menu.)

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