How to Obtain a Patent
(as per about.com)
Briefly, you apply for a patent
by filling out a patent application and submitting it to a Patent Office and
paying a fee - for example, for a U.S. patent you would apply to the
USPTO,
United States
Patent and Trademark Office.
How is your Legalese?
A patent application is a legal document and you cannot expect to "spend one
evening filling it out," the better written the patent, the better the
protection your patent will produce. Think of it as a contract for your
invention, a contract that you or someone you hire will have to create, a
contract where every single word has impact.
For example, when describing your
invention you write "part A
is nailed to part B", somebody else may be able to patent a very similar
invention by claiming, "part A is glued to part B." It would be safer to use the
word attached or attached by a variety of fasteners.
There are no fill-in type forms available for the most complex parts of a patent
application. Yes, you read that correctly. You will be facing blank sheets of
paper. And how's your skill at drawing? Most patent applications will require
drawings of your invention.
All Inventors Must be Listed on the Patent Application
Only the inventor may apply for a patent, with certain exceptions, and two or
more persons making an invention jointly, must apply for a patent as joint
inventors. All inventors must be listed on the patent applications.
It's not Easy
You have heard this before, however, it bears repeating, "undertaking a
non-provisional utility
patent application
without a patent attorney or agent is very difficult and not recommended for
beginnings."
But Learn How to File a Patent Application
However, it is highly recommended that you do draft the first copy of the patent
application and do a preliminary search for prior art yourself and bring the
paperwork to whomever you do hire for a final proof. Those actions will save you
money. If you must self patent for financial reasons please read a book such as,
"Patent It Yourself"
and understand the risks of self-patenting.
Another alternative (some experts do not recommend it - research the drawbacks)
is to file a provisional patent application. The much cheaper provisional patent
provides one year of protection, allows patent pending status, and does not
require writing claims. However, before one year expires you must file a
non-provisional patent application for your invention. During this year, you can
promote and sell your product and hopefully raise the money for a
non-provisional patent. Many successful experts advocate provisional patents and
other alternatives as a better path to follow.
A Non-provisional Utility
Patent Application Includes:
* A written document which comprises a specification (description and claims),
and an oath or declaration;
* A drawing(s) in those cases in which a drawing(s) is necessary; and
* The filing fee at the time of application, a fee when the patent is issued and
regular maintenance fees must be paid.
How to File a Patent Application for a Utility Patent
This tutorial will help you understand utility patent applications. It explains
what a specification, descriptions, claims, and declaration are and how to write
them.
The descriptions and claims are very important to a patent application, they are
what the patent examiner will look at to determine if your invention is novel,
useful, nonobvious, and correctly reduced to practice as covered in our lesson
on patentable.
It takes up to three years for a patent application to be granted. Applications
are often rejected the first time and you will often need to amend the claims
and appeal (also common).
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