How to Apply for a Patent Guide
- 1). Talk to a patent attorney. The patent application process is often very complex and technical. While you can get a patent without legal representation, it's often a good idea to talk to a patent attorney if only to get good advice for negotiating the process on your own.
- 2). Keep meticulous records. To ensure the patent is granted to the right party, the government will make sure you have evidence backing up your patent application. Write down everything important, including when you get your idea, the steps you take to create your invention, people you talk to about it and materials you purchase.
- 3). Invent something patentable. Not everything can be patented: you can't patent an abstract idea or something that's already been patented, for example. Generally, patentable inventions fall into one of three categories: a utility patent (a process or product), design patent (a unique ornamental or functional design for a product), or a plant patent (a new plant discovery or breed.)
- 4). Conduct a patent search to make sure no one else has patented your invention. To do this, you'll probably want to search any patents available for inspection through the Internet, but you will probably have to travel to a Patent and Trademark Depository Library as well. You should include the results of your patent search in your patent application form.
- 5). File the appropriate patent application. The USPTO offers two kinds of patents: provisional patents and regular, or full, patents. The provisional patent is generally given to anyone who files for it; a full patent requires an inspection by the USPTO to determine if the patent is appropriate. The appropriate forms can be downloaded at uspto.gov/forms. You'll have to pay various filing fees based on the kind of patent you want.