If you’ve created a new invention that is unique and useful, you will want to consider applying for a patent. A patent provides legal protection and grants you the exclusive right to use and profit from your invention for a certain period of time. If approved for a patent, you will be the only person who can make, use, sell, or import the invention. This guide will walk you through the process of applying for a patent, including determining if your invention is patentable, conducting a patent search, and filing your application.

Determining Patentability

Before you start the patent application process, you’ll need to determine if your invention is eligible for a patent.

To be patentable, an invention must be novel, nonobvious, and useful:

• Novel: Your invention must be new and never been done before. This means that it cannot have been disclosed or made public in any way before you file your patent application.
• Nonobvious: Your invention must not be obvious to someone who is skilled in the same field as your invention. This means that your invention cannot be a combination of existing technologies that is obvious to someone in your industry.
• Useful: Your invention must have a practical use or application.

Conducting a Patent Search

Before you file a patent application, it’s important to conduct a patent search to ensure that your invention is not already patented. A patent search can also help you identify potential competitors and evaluate the strength of your invention’s patentability.

There are tools to conduct a patent search on your own online which can be a good place to start. However, before you spend the time and money to apply for a patent, you may want to have a patent attorney or agent conduct a more comprehensive patent search to show you what inventions already exist. Patent attorneys and agents see patent rejections frequently and know how the Patent Office examiners think. Patent attorneys and agents can therefore provide more relevant existing inventions for you to know about before you proceed with a patent application. By seeing what inventions already exist, you have an opportunity to potentially work around those existing inventions to maximize the uniqueness of your invention before applying for a patent. Patent attorneys and agents can also give you an opinion of patentability, how likely your invention can obtain a patent. Know this before spending the time and money in applying for a patent.

Filing Your Patent Application

Once you’ve determined that your invention is eligible for a patent and conducted a patent search, it’s time to file your patent application. Filing a patent application can be a complex process, and it’s recommended that you work with a patent attorney or agent to ensure that your application is complete and meets all the requirements.

Here are the basic steps involved in filing a patent application:

1. Choose the Right Type of Patent: There are three types of patents that can be granted by the USPTO: utility patents, design patents, and plant patents. A utility patent is the most common type of patent and covers new and useful processes, machines, articles of manufacture, and compositions of matter. A design patent covers new and original ornamental designs for articles of manufacture. A plant patent covers asexually reproduced plants.
2. Prepare Your Patent Application: Your patent application must include a detailed description of your invention, including how it works and how it is different from existing technologies. Your application should also include drawings, claims, and an abstract. This is the most important part of the patent application, and it defines how strong or weak of a patent you are asking for.  It is a legal document and should be prepared by a patent attorney or agent. Trying to draft your own patent application without any experience in doing so to save money is not worth it. You are almost certainly going to make mistakes that will cost you more than any savings from not hiring a patent attorney or agent.
3. File Your Patent Application: You can file your patent application online, by fax, or by mail to the United States Patent & Trademark Office (USPTO). The filing fee will depend on the type of patent you are applying for and whether you are classified as a micro entity, small entity, or a large entity. It is very important to hire a patent attorney or agent to file your patent application if you have never done so before on your own. There are many requirements to file a patent application properly and any mistake can jeopardize your patent rights.
4. Wait for Examination: After you file your patent application, it will be assigned to a patent examiner who will review it and determine if it meets the requirements for patentability. The examination process can take several years, and the examiner may request additional information or changes to your application.
5. Receive Your Patent: If your patent application is considered novel, nonobvious, and useful by the patent examiner, you will be eligible to receive a patent grant, which gives you the exclusive right to use and profit from your invention for 20 years if it is a utility patent and 15 years if it is a design patent.

Patent filing fees

In addition to the required documentation, there are fees associated with filing a patent application. These fees depend on the type of patent being filed, whether you are considered a micro, small, or large entity, and numerous other factors. Filing the wrong paperwork or fees may jeopardize your patent rights. It is highly recommended to hire a patent attorney or agent to file your patent application. Our patent firm frequently receives requests to fix improperly filed patent applications and it takes us more time to figure out what was done wrong than if we had been hired to file the patent application to begin with.

Review process

After submitting your patent application, it will undergo a review process to determine whether it meets the criteria for patentability. This review process can take several years and may involve multiple rounds of back and forth between you and the patent examiner.

During the review process, the examiner may request additional information or clarification about your invention. It’s important to respond promptly to any requests from the examiner and work closely with your patent attorney to ensure that your application meets all the necessary requirements. Getting rejections from the patent office is common and is to be expected. It does not mean the patent application was necessarily filed incorrectly. The patent office’s job is to say why your invention may be too similar to existing inventions to not deserve a patent. The job of you and your patent attorney is to argue back as to why your invention is different enough from existing inventions to deserve a patent. That is the legal back and forth process.

Issuance of patent

If your patent application is approved, you will receive a patent granting you exclusive rights to your invention for 20 years if a utility patent and 15 years if a design patent.

Once your patent is granted, you can enforce your exclusive rights to prevent others from making, using, selling, or importing your invention without your permission.

Maintaining your patent

To maintain your patent, you will need to pay maintenance fees at regular intervals throughout the life of the patent. Only utility patents require maintenance, design and plant patents do not. Maintenance fees are due 3.5 years, 7.5 years, and 11.5 years from the date the patent was granted. Failure to pay these fees will result in the expiration of your patent and the loss of your exclusive rights to your invention.

Conclusion

Applying for a patent can be a complex and time-consuming process, but it can also be a valuable way to protect your invention and secure your exclusive rights to it. By working closely with a qualified patent attorney or agent and conducting a thorough patent search, you can increase your chances of success and ensure that your application meets all the necessary requirements.