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Do you need to know how to get a patent? If you have invented a new product or process, a patent can establish your ownership of the rights of that product or process. This guide to how to file a patent will teach you about the process involved in getting a patent in the United States.
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Introduction
U.S. patents are issued by the U.S. Patent and Trademark Office after the inventor filings an application which is accompanied by supporting documentation. Although an inventor can file a patent without the help of an attorney, the law is complex and an experienced patent lawyer can help make sure all the i's are dotted and the t's are crossed, so that you will be sure to have the ownership rights you are entitled to. Less than 1% of U.S. patents are granted to inventors filing without the help of a lawyer.http://www.mcw.edu/OTD/router.asp?docid=10544Step 1: Search for Existing Patents
The patent process begins with an idea for a product or process. After you have an idea that you'd like to patent, you need to do a search to see if anyone else has already patented the idea. You can retain an attorney to do this for you, at a cost of about $700, or you can do a search yourself.http://www.lawfirms.com/resources/intellectual-property/patents/overview-patent-process.htm Google has a patent-specific search engine which you can use to begin your search.Step 2: Complete a Draft of a Patent Application
While it is not advisable to complete the patent process without legal assistance, you can complete the first draft of the application yourself.http://uspto.gov/web/patents/howtopat.htm There are a number of schedules, statements, descriptions and drawings that are required. The more of this you compete up front, the fewer hours your attorney will need to spend on the application.Step 3: Hire a Patent Attorney
After you have done the preliminary work, you should find and hire a patent attorney. Bring him or her your draft application. The attorney will help you complete the application, and file it with the U.S. Patent Office. The patent Office will review the application. The review may entail interviews with patent examiners, requests for additional information, and resubmissions. The entire process can take from a few months to a few years. When the attorney reviews your initial application, they can advise you about whether it makes sense to filing for a provisional application patent before filing for the actual U.S. patent, to protect your rights during the application process.
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