How to Get a Patent in the United States
If you have a brilliant idea, it is wise to get it patented in order to prevent other entities from using, making, selling , or offering your idea for sale or importing it into the U.S. the process of getting your idea patented is fairly complex and requires that you appraise yourself with the step by step requirements.
The first step involves carrying out a research in order to determine whether you can proceed to seek a patent. This stage involves 3 related processes which are:
(a) As a general rule, a patent can only be obtained for;
You cannot patent;
For help in this regard, you can refer to the USPTO’s website that has lists of patentable and non-patentable ideas.
(b) After that comes the process of determining the novelty and usefulness of your idea. This criterion can be ascertained by applying a 3 point scale which is;
(c) Lastly you have to conduct a patent search in order to establish if the idea has not been already patented. Your idea must not be found on the lists of previously patented ideas and that of prior art also known as previous public disclosures. This can be done by utilizing the USPTO’s website which has a patent search facility.
The first step involves carrying out a research in order to determine whether you can proceed to seek a patent. This stage involves 3 related processes which are:
- Determining the patentability of your idea
- Determining the novelty of your idea
- Finding out if it’s not already the subject of an existing patent
(a) As a general rule, a patent can only be obtained for;
- A process, composition of matter, an article of manufacture, a machine or an improvement of any of the options. The idea ought to be regarded as an invention of sorts with an apparent practical usage as opposed to an abstract theory.
You cannot patent;
- Abstract ideas, non-useful inventions, natural phenomenon and laws of nature
For help in this regard, you can refer to the USPTO’s website that has lists of patentable and non-patentable ideas.
(b) After that comes the process of determining the novelty and usefulness of your idea. This criterion can be ascertained by applying a 3 point scale which is;
- You most probably can’t patent it if you have heard about the same idea or something quite similar before.
- Your idea should be non-obvious and something that others could not possibly come up with easily.
- Does your idea have any usefulness
(c) Lastly you have to conduct a patent search in order to establish if the idea has not been already patented. Your idea must not be found on the lists of previously patented ideas and that of prior art also known as previous public disclosures. This can be done by utilizing the USPTO’s website which has a patent search facility.
The second step is the preparation of the application. At this stage, you will need to determine the type of patent that you seek from amongst the three in existence namely the utility patent, design patent and plant patent.
Pursuant to that you need to come up with a filing strategy that you will –pursue between filing for a US provisional patent or an international patent. You can elect to:
Pursuant to that you need to come up with a filing strategy that you will –pursue between filing for a US provisional patent or an international patent. You can elect to:
- File for a provisional patent in the US. Although this does not constitute a formal patent application, it will give you protection of your invention within the US as well as establish a filing date on which a subsequent formal patent application may be referenced. The protection given by the provisional patent falls away after 12 months.
- File for a US non-provisional patent. This is the highest form of protection that can be obtained for your invention within the confines of the US. The validity of this protection ranges from 14 to 20 years.
- File for an international patent. This is a provision that is catered for under the Patent Cooperation Treaty (PCT) which is a covenant by international governments seeking a centralized patent system that allows for protection within all signatory countries through the act of a single filing.
The third and final stage involves applying for the patent. This step involves several stages which are:
You must register so that you obtain a customer number and a digital certificate. The request for a customer number can be obtained through filling out a request form on the USPTO,s website and then faxing or mailing it to the Electronic Business Center.
All attachments are supposed to be in pdf format and must constitute A specification which is an express description of the invention as well as the process and manner of producing and utilizing it among others: Drawings are a form of optional attachment that is a depiction of the invention which reveals all features of the invention as well as play a complimentary role to the description. Specific requirements with regards to drawings can be found on the USPTO website: An oath of declaration is where you make a declaration to the effect that you believe yourself to be the first and original inventor of the application’s subject matter. This must be signed in the presence of a notary.
Your reference number may be sent through US mail while the authorization code may be emailed to you. Alternatively you may be contacted by phone to receive these details. After you get these details comes the next task of filling out the application using the electronic filing system. You will have to login to EFS and:
If your application is rejected you can still appeal the decision or pursue other protection avenues such as trademarking, copyrighting etc.
Contact Thoughtstopaper for detail information.
- Registering for electronic filing
- Preparation of application attachments
- Waiting for the authorization and the reference number
- Utilizing the electronic filing system to fill out the patent application.
- Waiting for the determination
You must register so that you obtain a customer number and a digital certificate. The request for a customer number can be obtained through filling out a request form on the USPTO,s website and then faxing or mailing it to the Electronic Business Center.
All attachments are supposed to be in pdf format and must constitute A specification which is an express description of the invention as well as the process and manner of producing and utilizing it among others: Drawings are a form of optional attachment that is a depiction of the invention which reveals all features of the invention as well as play a complimentary role to the description. Specific requirements with regards to drawings can be found on the USPTO website: An oath of declaration is where you make a declaration to the effect that you believe yourself to be the first and original inventor of the application’s subject matter. This must be signed in the presence of a notary.
Your reference number may be sent through US mail while the authorization code may be emailed to you. Alternatively you may be contacted by phone to receive these details. After you get these details comes the next task of filling out the application using the electronic filing system. You will have to login to EFS and:
- fill in the required details
- attach necessary documents
- calculate the filing fee
If your application is rejected you can still appeal the decision or pursue other protection avenues such as trademarking, copyrighting etc.
Contact Thoughtstopaper for detail information.