How to File a Patent
Filing for a patent is by no means a simple process, but it can certainly be a rewarding one. With all of the fees, patent jargon, and paperwork involved, an inventor should know a thing or two about how to file a patent before jumping headfirst into the process.
How to File a Patent: Search for Patents
The U.S. Patent and Trademark Office advises inventors to first search for any existing patents that may be the same or similar to their own. If a patent has already been granted to a similar invention, the inventor must be prepared to explain how their invention is different from the existing one.
How to File a Patent: Consider Hiring Professional Help
An inventor may want to consider hiring professional help from a registered patent attorney or agent since knowing how to file a patent is what they are paid to do. Registered professionals are trained to help with the patent search, to help the inventor distinguish their invention from existing patents, and to help in dealing with the USPTO during the filing process.
How to File a Patent: Determine the Type of Patent
The nature of the invention determines what type of patent application should be filed. The three types of patents include utility, design, and plant. Utility patents are the most common and cover processes and machines that serve a function. Design patents only protect the appearance of an article and no utilitarian features. Lastly, plant patents cover a new variety of plant that has been asexually reproduced by the inventor. A patent agent can help an inventor determine which application to file.
How to File a Patent: Choose Provisional or Non-Provisional Application
Sometimes an inventor may decide that they would like more time to develop their idea before they file for a patent. To ensure that they will have an earlier filing date, they can opt to file a Provisional Patent Application which gives up to a year to finalize their invention. Otherwise, a Non-Provisional application should be filed.
How to File a Patent: Meet the Requests of the USPTO
The hardest part of how to file a patent is dealing with the USPTO once the application has been submitted. The patent application is thoroughly analyzed down to the last detail by a patent examiner. Once again, hiring a patent attorney is highly recommended since they know best how to file a patent and appeal to the strict requirements of the USPTO.