HOW TO PATENT AN IDEA

Do you have a brilliant idea you're ready to patent? Getting a US patent prevents others
from making, using, offering for sale, or selling your idea within the United States, and
prevents others from importing it into the US. After you determine that your idea meets
the right criteria and hasn't already been patented, apply for a patent with the United
States Patent and Trademark Office. Read on to learn more about how to patent your
bright idea.

Part

Conducting Research

1
Understand what inventions or ideas are eligible for a patent.[1][2] You can patent
your idea if it's a process, a machine, an article of manufacture, a composition of matter,
or an improvement of any of these. Abstract ideas, natural phenomenon, and inventions
deemed not useful are ineligible for patents. To determine if your idea can be patented,
review the USPTOs (US Patent and Trademark Office) list of what can and cannot be
patented. The list is located on the USPTOs website (uspto.gov). Your idea should also
be considered an invention, and its practical use should be apparent.[3] Some examples
of inventions that would or would not qualify for patents include:
Computer software. These can usually be described as a process or as a machine."
The software makes the computer follow steps to do something (a process). It also
takes information from a device (the computer) and changes the information that it
outputs (machine). To clarify, the "process" is not the same as computer code, which is
subject to copyright but not patent.[4]
You can also patent designs. For example, you could patent a new shape for a boat or
plane, even if you haven't actually built it.
Finally, if you scientifically engineer a new substance or organism, your invention is
eligible for a patent.
If your idea is an abstract theory that would be impossible to put into practice, you
probably can't patent it.
Laws of nature and physical phenomena also cannot be patented.

2
Determine whether your idea is new, non-obvious and useful.[5][6][7] These are the
basic qualifications for patenting any type of invention. Before you start the process of
patenting your idea, ask yourself whether it passes all three tests.
For the new qualification ask yourself if you have heard about the idea or something
quite similar before. If so, the idea is probably not new, and you probably can't patent it.
For example, you would not be able to patent a basic blender.
To determine if your invention meets the non-obvious qualification, determine if it is
something that others could easily think of? For example, you may want to patent a
process for building a sturdy structure. If architects and others with engineering
knowledge could have independently thought of the same process, your idea isn't
patentable.
Is your idea useful? A patentable idea must be one that can be put to practical use. As
you consider this, you need to think about the target user. Is it for common consumers,
manufacturers, or researchers? Is it obvious that one of those groups would consider
your invention helpful in their lives or work? If so, your invention should be able to pass
this test.

3
Determine whether you are eligible to file for a patent. If you are the inventor of the
idea you wish to patent, you can apply for a patent. The law also allows for other people
to apply for a patent under certain conditions.[8]
If you are the inventor of the idea and have assigned the invention to another person,
that person may apply for a patent.
If the inventor is deceased, the inventor's legal representatives -- e.g., administrator or
executor of the estate -- may apply for a patent.
If you invented the idea with another person or persons, you may apply for a patent as
joint inventors. A person who only contributed money to the idea cannot apply as a joint
inventor.
If you work for the USPTO, you may not apply for a patent or acquire a patent other
than by inheritance or bequest.

4
Conduct a patent search to ensure that your idea isn't already patented. Old ideas,
whether previously patented or not, may not be patented. To check, you'll need to
conduct a search of previous public disclosures (also called prior art). This includes
previously patented inventions in the U.S., foreign patents, and printed publications.
Here are a few resources for those conducting research on old patents:
Watch the USPTOs patent search tutorial for a step-by-step slideshow on conducting a
patent search (link below).[9]
Review the University of Texas Guide to Patent Searching at the McKinney
Engineering Library (link below).
Use the USPTOs Search for Patents Research Page located on its website. The page
provides links to searchable databases so an inventor may determine if his or her
invention is new.[10]
Visit a Patent and Trademark Resource Center (PTRC) for expert assistance with your
search. For complete information on PTRCs and locations, visit the USPTOs library list
(link below).[11]

5
Get legal help. Filing for a patent can be an extremely long and complex process. You
may benefit from seeking help from a patent attorney. You can find a patent attorney
through the USPTO website here.
Patent attorneys are highly specialized attorneys. In general, they not only have law
degrees but also a technical and/or scientific background.[12] To practice patent law,
patent attorneys must pass not only a bar exam but an examination through the
USPTO.[13]
Due to their extensive and specialized background, patent attorneys can be quite
expensive. You may be able to find a lower-cost attorney outside of large metro
areas.[14]

6
Investigate legal options for low income applicants. If you cannot afford a patent
attorney, you have several options.

The USPTO has a pro se assistance program that offers assistance to inventors who
can't afford a patent attorney. They offer in-person assistance to people who can meet
with them in Alexandria, Virginia. They also offer advice via phone at 1-866-767-3848,
or via email at independentinventor@uspto[dot]gov.[15]
Pro Bono legal help is often available through law firms in your area. Some states have
specialized patent programs for people with low incomes. You can find out more about
the resources in your area at the USPTO website here.
You can also visit a legal clinic operated by a law school. Currently, 19 law schools in
the US have clinical programs where law students (under supervision by faculty and
professionals) help people navigate the patent process. You can find a list of
participating schools here.

Part

Preparing Your Patent Application

1
Determine what type of patent you need.[16] Patents cover three basic varieties of
invention. These include:
Design patents. A design patent protects an ornamental design for an article. A design
consists of the visual elements of an item, for example, the shape of a vase and the
material used to manufacture it.[17]
Plant patents. A plant patent may be granted when a developer invents or discovers
and asexually reproduces any distinct and new variety of plant.[18]
Utility patents. A utility patent protects inventions, including novel processes, machines,
articles of manufacture, or compositions of matter. A patent on a new hand tool, kitchen
appliance, or engine for example, would be a utility patent. Quite simply, nearly
everything that does not fit the other categories requires a utility patent. Over the last
several years, 90% of the patents issued in the US were utility patents.[19]

2
File a US provisional patent. Not everyone who applies for a patent obtains the
provisional first. However, holding a provisional patent allows you to be the first to stake
your claim to the invention. A U.S. provisional patent allows an inventor to file for
protection of his or her invention, without a formal patent claim, oath or declaration, or

any information disclosure (prior art) statement. A provisional patent provides the
means to establish an early effective filing date in a later filed non-provisional patent
application. It also allows the term Patent Pending to be applied in connection with the
description of the invention. A provisional patent is good for 12 months, and the inventor
must file for a non-provisional patent within those 12 months.[20]

3
File a US non-provisional patent.[21] A U.S. non-provisional (or formal) patent is a
standard patent which protects an invention within the U.S. for 14 20 years,
depending upon the type of patent and when it was filed. The process is lengthy; it
typically takes between one and three years to receive a formal patent. In order to
receive a patent, the application must contain words and drawings that clearly:
Demonstrate how to make and use the invention.
Explain why the invention is different from all other inventions (the prior art).
Precisely describe what aspects of the invention should be patented.

Part

Applying for a Patent

1
Register for electronic filing. Before filing an electronic application, an inventor must
register to obtain a customer number and a digital certificate.To obtain a customer
number and digital certificate, complete the following steps:
Complete the Customer Number Request Form on the USPTO website (link
below).[22] Then fax it to the Electronic Business Center at (571) 273-0177, or mail it to
Mail Stop CN, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
For help completing the form, contact the USPTO at 1-800-PTO-9199 (1-800-786-9199)
and select option 2.
The digital certificate ensures that your application data is secure. To obtain a digital
certificate, you must read the subscriber agreement located on the USPTOs website
(link below).[23]Then fill out a Certificate Action Form (link below).[24] Mail the completed
form to Mail Stop EBC Customer Number, Commissioner for Patents, P.O. Box 1450,
Alexandria, VA 22313-1450. [25]

2
Prepare the specification attachment.[26] The specification is referred to as the
narrative portion of the application. It should include descriptions of the type of
invention, any relevant prior art (if your patent is an improvement on the prior art), the
purpose of the invention, the invention itself (how it is constructed and what it is made
of), and the operation of the invention (how it works). The claim is typically the most
difficult part of the patent application to compete.[27] It must follow these strict
requirements:
All claims are sentence fragments. They start with one capital letter, contain one period
and no quotation marks or parentheses.
A statement of the independent claim. This is a broader description of the item in
question.[28]
The dependent claims follow the independent claim. They are just further descriptive
remarks, broken down into single components of the item.
For example, an independent claim for a ziplock bag could be "Claim 1: A bag closure
of the type comprising a flat body of material having a lead-in notch on one edge
thereof, and a gripping aperture adjacent to and communicating with said notch." The
dependent claim to go along with the above independent claim could be: The closure
of claim 1 wherein said body of material of the bag is composed of polyethylene
terephthalate.

3
Prepare any necessary drawings.[29] Almost all patent applications require drawings of
the invention. The drawings are visual representations of the invention and must show
every feature that is recited in the claims. If you are not skilled at drawing, you may
hire a patent drafts person to prepare the drawings. Typically they charge a fee of
around $75 to $150 per drawing sheet.
To find a draftsman in your area, conduct an online search. Many engaged in drafting
specialize in this kind of work. Most who do will list themselves as a patent draftsman or
draftsperson, so they should not be hard to find.
There are strict requirements for patent drawings as to the materials, size, form,
symbols that can be used, and sharing. For exact requirements, including size of the
paper, margins, color, font, etc. see the USPTOs drawing information (link below).[30]

4
Include the oath. An inventor must make an oath or declaration that he or she believes
himself or herself to be the originator of the invention. The oath must be signed by the
inventor before a notary public or other officer authorized to administer oaths.
The oath for utility patents is found on the USPTOs website (link below).[31]
For a design patent, download and fill out the form linked to below.[32]
A form for plant patent declarations is also a separate form, available from a link at the
bottom of this page.[33]

5
Check the formatting of your application attachments. All attachments to a patent
application must be in pdf format and be formatted to follow specific guidelines. You
may review the USPTOs pdf guidelines on the USPTO website.[34]

6
Wait for your authorization code and reference number. These two numbers will be
provided to you after your Certificate Action Form has been processed. The
Authorization Code will be e-mailed to you and the Reference Number sent by U.S.
mail. The USPTO may also attempt to contact you by telephone in order to provide you
with your Reference Number.

7
Fill out the patent application using the USPTOs electronic filing system
(EFS).The system uses a web-based form interface, to which most users should be
accustomed. To fill out the application follow these steps:
Log on to the EFS (link below).[35] Do this by uploading your digital certificate and
entering the password you were assigned when applying for the certificate. You can
upload your certificate by clicking the browse button and browsing to the location on
your computer where the certificate is saved.
Fill in the bibliographic data requested. Bibliographic data includes the name of your
invention, your name and address, and your customer number.

Attach your prepared pdf documents by clicking the browse button and browsing to the
location on your computer where the documents are saved. Enter the category and
description for each document you attach.
Fill in the bibliographic data requested. Bibliographic data includes the name of your
invention, your name and address, and your customer number.
Calculate your filing fee by checking the appropriate boxes on the onscreen calculation
tool. The tool will display your fee in the upper right corner. The current fee schedule
can be found on the USPTOs website.
Review and submit your application. Be sure to review each attached document, as well
as the actual application form, very carefully.
Choose whether to pay now or later. If you decide to pay now, you may pay by credit
card, USPTO deposit account, or electronic funds transfer (EFT). If you chose to pay
later, you will need to pay by midnight Eastern Standard Time (EST) on the day of filing
in order to avoid additional fees.

8
Wait for your application to be approved or rejected. Your paperwork will be
considered and the USPTO will determine whether your idea is eligible for a patent. If
your patent is approved, you'll need to pay a fee before it is granted.
If your application is rejected, you can appeal the decision or make amendments to your
application materials and submit them again.
If your idea isn't patentable, you may still have options for legally protecting it. Consider
whether having it trademarked, copyrighted, or declared a trade secret might be a better
option.

Part

Avoiding Patent Promoter Scams

1
Visit the Federal Trade Commission website. If you are considering working with an
invention promotion firm to help develop and evaluate your invention and apply for your
patent, visit the FTC website first.[36]

Conduct a search on the FTC website for the word "invention." This will bring up any
companies who have been investigated and/or penalized by the FTC for inventionrelated wrongdoing.[37]

2
Check with the Better Business Bureau. Once you have checked with the FTC,
investigate your potential promotion firm on the BBB's website.[38] The BBB maintains
consumer complaints and records of legal actions taken against companies.

3
Consult your patent attorney. If you have hired a patent attorney, ask him/her about
the promotion firm you're considering. Your attorney may know about their reputation
and can counsel you about making a decision.

4
Know your rights. If you decide to hire an invention promotion firm, you should be
aware that they are legally obligated to disclose certain information to you about their
past business before you sign a contract.[39] A full list of the conditions with explanations
is available on the USPTO website here, but it includes:
The number of inventions the promoter has evaluated in the past 5 years, and how
many received positive and negative evaluations
The number of customers who have contracted with the promoter in the last 5 years
The total number of customers who are known to have received a profit because of the
promoter's services
The total number of customers who are known to have received license agreements for
their inventions because of the promoter's services
The names and addresses of all the previous invention promotion companies that the
promoter and its officers have been affiliated with for the past 10 years