How Do You File A Patent

Posted on April 16, 2008 - Filed Under Legal and Law

You got a great invention, and you don’t want others to create or use the same invention (or at least nobody can claim they invented it). That’s the kind of protection a patent offers. It gives you exclusivity to create, reproduce and sell the product or process to the public for a particular length of time (most patents nowadays offer protection for a minimum of 17 years). If you want to protect your product, device or process under a patent, then read on.

The United States Patent and Trademark Office (PTO) has its own website where it stores a database of all US patents and trademarks. If your invention is not yet on the list, then you can submit an application for a patent addressed to the Director of the US PTO, which includes a written document of the specification of the invention and a signed declaration. The written document will usually list down the attributes of the invention that sets apart from other related inventions that have been patented already, and the claims of the patent (why the invention is patentable). A drawing of the invention (whenever applicable) is also needed. It can be a simple sketch or a set of formal drawings showing the invention’s parts and/or aspects. For more information about these documents, you can go to http://www.uspto.gov/web/offices/pac/doc/general/index.html#app

Fees will depend on the invention you’re trying to patent. The PTO website has a list of all applicable filing fees and the schedule on filing them. If you’re an independent inventor or if your company (with less than 500 people) created the patent, the filing fee is $380; for larger companies it will be $760. Depending on the patent maintenance, you may be required to pay additional fees as well, sometimes exceeding more than $3000.

The assistant commissioner for patents at PTO will process your patent application, after which he/she will inform you when the patent will be issued. Once the patent is issued, you have to pay an issue fee of $605 for small entities, and $1210 for large entities. You will then be given a patent number, where you can put on your product label to show that your invention is protected.

The above process constitutes a non-provisional patent application. Because it takes longer for regular non-provisional patent applications to get approved (some may take even years), the PTO has provided another way of protecting your invention at a much earlier date. It’s called a Provisional Patent Application (PPA). The application process is somewhat the same, but it’s much faster and need not to submit that much documents. You just pay a minimal amount of $75 to get a PATENTS PENDING mark for your invention. For the next 12 months from the time you file a PPA, you must file the regular patent application to fully protect your invention.

This article does not offer all-inclusive information about patent application, but just a general overview of what happens during the process. It is strongly recommended that you consult with a patent lawyer to give you an explanation of all applicable patent laws and regulations for your invention.

John Luke Matthews is a regular contributor of relevant articles about the jurisprudence of businesses. He is part of the Mesriani Law Group and is currently taking information technology studies as well.

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Tags: business law, corporate law, patents, trade secrets

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