Easy Ways to Secure a Patent

By Denise Turney

Nearly half a million patent (482,871) applications were filed in the United States in 2009. Ten years earlier in 1999 only 288,811 patent applications were filed nationally according to the United States Patent and Trademark Office. Clearly, more Americans see the potential to increase revenues and grow their income by creating and selling patented products.

How to Secure Business Patents for Business Inventions

According to the United States Patent and Trademark Office patents are granted in the language of the statute itself. They also grant the patent owner, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States.”

So how do you patent your idea or product?

Confirm that your idea or product has not already been patented. You can search the United States Patent and Trademark Office website to complete this first step. Quick and advanced searches can be performed during the check.

Design the actual patent. This step can be time consuming and costly if you do not already have the design for your product created. Refer to the Patent office’s Inventor’s Assistance Center (IAC) for support and guidance on completing the deeper details to file your patent. The IAC answers general questions around the patent examination policy and filing fees and procedures. The office can also assist you with completing your patent application.

Determine whether you need to file a domestic or international patent. If you plan to market and sell your product outside the United States, file for international protection.

Indicate whether or not you are filing a provisional patent application. Provisional patent applications lower the costs of filing your first patent. The application remains active for 12 months starting with the date that you file the application. Provisional applications must include the name and residential address of the product’s inventor/s and the title of the invention. American citizens and foreign inventors can file provisional patent applications through the United States Patent and Trademark Office.

Like provisional applications, non-provisional patent applications are used to file utility, plant or design patents. Non-provisional applications must be filed in English. All documents submitted with the application must be typewritten or created using a computer printer. Application data sheets, product specifications, invention background and sectional views are required with the application.

Decide how quickly you want to receive a response regarding your application. Patent applications for older citizens or those in poor health might naturally be accelerated by the patent and trademark office. Patents that deal with health items like HIV /AIDS treatments are also naturally accelerated.

Indicate whether you are filing the patent application for yourself or for a client. Registered attorneys or agents can file patent applications on your behalf. Because the patent application process is complicated, the patent office recommends that filers work through a registered attorney or experienced agent to file their application. Ensure that the attorney is in good standing with the American Bar Association.

Determine how much your patent application filing fee is. Current fee schedules are listed at the United States Patent and Trademark Office website. Basic filing fees are $330 as of October 2010. Depending on the type of patent you are filing, you might have to pay additional fees. For example, the utility search fee is $540 while the international stage search fee is $2,080.

You can download patent and trademark forms free of charge at the United States Patent and Trademark Office website. You can also submit your application electronically. Drawings, invention summaries and details, etc. must accompany all applications.

Pay for patent applications online via the United States Patent and Trademark Office website, by fax by dialing 571-273-6500 or by mailing a check or money order to the

U.S. Patent and Trademark Office,
P.O. Box 979070
St. Louis, MO 63197-9000

If you have already filed a patent, you can check on the status of your application by accessing the Patent Application Information Retrieval (PAIR) system.

Enjoy exploring the rest of our site, reading and learning from our articles, including our feature interviews.

Denise Turney is a freelance writer who resides on the East Coast.  She is online at:  www.chistell.com

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Sources:

http://www.uspto.gov/web/patents/howtopat.htm (United States Patent and Trademark Office)