What is the process in getting a patent for a invention?

Question

I know you can do it electronically or on paper but what does the whole process consist of?

Answer 1

The Church lady is right about writing your idea down but wrong about the mailing thing. That is a myth. The first thing you should do is document your idea. And not just a sentence or two. You should write a reasonably detailed 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. 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 (see the USPTO website for forms and info). 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. You can file online but the process is not simple. Spend some time learning to do it right. If you find the process confusing, you might be better off with a patent attorney. They are not cheap but if you have a valuable invention, it could be well worth the money. A patent's value is significantly affected by how well it is written and the strength of the claims.

Answer 2

A patent requires that you register your product idea with the US Patent Office. There are two types of patents: (1) design, which is based on the physical appearance of the product, and (2) utility, which is based on functional features of the product. Generally a design patent is easier to get but offers less protection than a utility patent. Although you can apply for a patent yourself, you will spend hundreds of hours andyour application will be rejected many times because the application rules are many and strict. It is almost a necessity to have a patent lawyer help you. The application fees and legal fees will add up to $10,000 easily. I personally have had a dozen products on the market and only have one patented. While a patent seems important, 99% of patented products never earn a dollar of profit. You should focus on getting the product made inexpensively and then getting distribution for the product. One idea is to write to companies that have similar products and ask them how you would go about submitting an idea to them. They will require you to sign a form that protects you form them stealing your idea, as well as protects them if they have already thought of the product. One more thing - don't get involved with any of those "invention submission" companies. They over-promise and under-deliver and are generally a waste of money.

Answer 3

I don't know the answer to that but I do know one thing you should do first.  Write down your idea and include photos if you have them and any diagrams or drawings and put them in an envelope.  Address the envelope to yourself.  Then, go to the post office and go to and actual person to mail it.  That way it gets a real stamped post mark.  When it gets to you in the mail DO NOT open it.  The post mark is proof of when you thought up your idea.  That way if any one tries to steal your idea you have dated proof that it was your idea.

Answer 4

The Church Lady's idea is a poor man's patent, though she does offer some good advice.  How well you document your idea determines the scope and quality of your patent.  You need to write a technical document on how your product or process works, greater detail is better.

For starters, go to the US Patent and Trademark Office site (link below) and follow their instructions.