How do you file for a patent for a new invention?

Question

I have come up with an ingenious design for a tennis racket, how do I file for a patent, what are the costs?

Answer 1

In the U.S. the fee to file a design patent will be about $600.  However, you should get the assistance of a patent agent or lawyer.  Plan on spending a few thousand for that and a few hundred to get professional drawings of your design made.

If you invented a better racket (not just a pretty one) then you want a utility patent.  Professional services there can cost quite a bit more...figure $5,000 to $20,000.  

You might want to do a search to see if there are similar rackets already "invented".  

to find a patent pro near you (in the US) go to www.uspto.gov and use the index to find the Roster of Attorneys and Agents and search it by the first 3 digits of your zip code.

Answer 2

The first thing you should do is document your idea (ie. write it down). And by write it down, I don’t mean a sentence or two. Sure, that is fine at 2:00 in morning when the light bulb goes on. But, as soon as reasonably possible you need to write something called a patent disclosure. It doesn’t need to be a novel, but take some time to think through some of the details, including how your device is made. And even if you can’t draw more than stick figures, make a few sketches. Ideally, this is done in a bound notebook with pre-number pages which are available in any office supply or stationary store. The written description should enable someone with expertise in the field, to make and use your product. Every time you work on your device, note it in your notebook, with dates. Update your notebook with new entries relating to any new developments, analyses, tests, results and descriptions of prototypes. Have at least one independent party witness your notebook entries with their signature and date.

Before you spend the considerable cost (typically 5 to 10 thousand $) for a patent application by an attorney, you should search to see what other patents already exist. You can do some searching yourself for free at the USPTO search site: http://www.uspto.gov/patft/index.html

If you find searching difficult or confusing, you can pay a patent attorney or agent to conduct a search, but that may cost several hundred to a few thousand depending on the area of your invention.

When you are ready to file a patent application, you may want to file a provisional patent application with the U.S. Patent & Trademark Office (www.uspto.gov). The provisional application fee is only around $100. The provisional application will give you 1 year before you need to file a full application. So, it doesn't replace the application, just delays the expense of a full application. It is important that you prepare the application in the proper way and with good attention to detail. There is a good book; "Patent it yourself" by Pressman.