
Many inventors wonder how to get a patent for their ideas and inventions. A patent is a legally granted right that prevents anyone but the filer from manufacturing, distributing or otherwise selling a particular invention. This legal protection is generally good for 20 years from the date of application (14 years for designs).
Where To Apply
People interested in how to patent an idea must follow several steps in order to patent a utility, design or even a new variety of plant. All patents must be filed with the US Patent and Trademark Office (USPTO). All applications must be filled out in English or have an English translation accompany the application. The USPTO requires certain formatting as well, such as the paper size and left margin size. The details of the format requirements are specified at the USPTO Web site or on the application.
Fees
To get a patent, the applicant must pay the appropriate fees, which vary according to the USPTO. The amount of fees depends on a variety of issues, including how many pages the drawing specifications are, how many claims are being made and general filing and search fees. The USPTO accepts checks, credit cards and money orders.
Application Information
The information on the application to patent an invention varies, but each application should have a title, any related applications with cross references, a listing of any federal research or development sponsorship, a brief summary of the invention, a description (including figures or photos) and the background of the invention. Other elements of the application include a detailed description of the invention, an oath of originality and an abstract of the nature of the technical disclosures.
File Electronically
Interested parties can file the patent application electronically if they so desire. The USPTO's Web site is set up to accept utility patent applications as well as those for designs (must include color drawings) and International Patent Cooperation Treaty applications.
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"What is a utility patent?" will be one of your first questions when you apply for a patent, but the answer is actually straightforward. A "utility patent" covers either a useful invention or an improvement of a process. |