Patent process overview An overview of a patent application and maintenance process

Design Patent

Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

Step 4: Get ready to apply

Once you have determined the type of Patent that you need, you can consider your application strategy and whether to use professional legal services. How much is this going to cost? A patent application is subject to the payment of a basic fee and additional fees that include a search fee, an examination fee, and issue fee. Depending on your application, there may also be excess claims fees. Fees vary depending on the type of patent application that you submit Filing, Search, and Examination Fees Additional $200 fee for small entity applications if they are filed by mail or hand-deliveryTo avoid the $200 fee, get a Customer Number and a Digital Certificate so that you can file online Current Fee Schedule For Information on Fees under AIA and Prioritized examination go to our AIA FAQ page and filter on "Fees" How long will this take? Estimate how long it will be until you receive your first letter from the USPTO in response to your application. See the Patents Data Visualization Center for an overall average First Office Action estimate and Total Pendency. Consider expedited examination options. The USPTO Patent Application Initiatives Timeline displays various programs and initiatives that are available to applicants during each phase of the application process. Each program is designed to advance the progress of a patent application and to provide applicant assistance. View a detailed Matrix of programs available Prior to Examination. Do you need International protection? International Patent Legal Administration (formerly PCT Legal) Filing a new International Application under the Patent Cooperation Treaty (PCT) Do you want to file a Provisional or Nonprovisional application? Utility and Plant patent applications can be filled using either a provisional or nonprovisional application. A provisional application is a quick and inexpensive way for inventors to establish a U.S. filing date for their invention which can be claimed in a later filed nonprovisional application. Provisional Patent Application Should you hire a Patent Attorney or Agent?The preparation of an application for patent and the conducting of the proceedings in the United States Patent and Trademark Office (USPTO or Office) to obtain the patent is an undertaking requiring the knowledge of patent law and rules and Office practice and procedures, as well as knowledge of the scientific or technical matters involved in the particular invention. Inventors may prepare their own applications and file them in the USPTO and conduct the proceedings themselves, but unless they are familiar with these matters or study them in detail, they may get into considerable difficulty. While a patent may be obtained in many cases by persons not skilled in this work, there would be no assurance that the patent obtained would adequately protect the particular invention. Most inventors employ the services of registered patent attorneys or patent agents Additional info on Attorneys and Agents Attorneys and agents with licenses to practice before the USPTO Are you an inventor or small business who has limited resources and needs help applying for a patent on an invention? If so, you may be eligible to receive pro bono ("for free") attorney representation through the Nationwide Pro Bono Program. I want to file myself (Pro Se)

Plant Patent

Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

Step 5: Prepare and submit your initial application

See the Patent Application Guides for the detailed legal requirements for filing the type of Patent Application you have determined is right for you. Information about Application for Patent Submit your initial application with all the required parts needed for obtaining a filing date and include the correct fee. Parts of Application to be filed together Application number, filing date, and completion of application Patent Application Filing Fees Payment of Fees Required Filing Fees Submit your application online: Use EFS-Web, the USPTO's electronic filing system for patent applications, to submit Utility patent applications, Provisional applications and many other types of Office correspondence to the USPTO via the Internet. Very basic tutorial on Filing a New Application online - Some sample documents, what must be submitted to get a filing date, documents that are also often included in a new application, etc. How to access our online filing and application status systems View the Quick Start Guides and Indexing Guides for basic online filing directions See also resources for filing for a patent online. First time online filers may also contact the Patents Electronic Business Center for assistance. Before you sign your application, make sure that you read the written specification and claims. You will not be able to add anything new to your application once it has been filed with the USPTO.

Step 3: What kind of patent do you need?

There are three types of patents - Utility, Design, and Plant.

Step 2: Determine if your invention is patentable

To determine if you can patent your invention, you will need to know the answers to a few simple questions. Go to our Patent FAQ page and enter these questions to learn more about the Patent Process - Who can apply for a patent? What can and cannot be patented? How do I know if my invention is patentable? How long does patent protection last? How much does it cost to get a patent? Search to see if your invention has already been publicly disclosed You cannot get a patent if your invention has already been publicly disclosed. Therefore, a search of all previous public disclosures should be conducted. A search of foreign patents and printed publications should also be conducted. If you are not experienced at performing patent searches, a registered attorney or agent is recommended. Attorneys and agents with licenses to practice before the USPTO Are you an inventor or small business who has limited resources and needs help applying for a patent on an invention? If so, you may be eligible to receive pro bono ("for free") attorney representation through either the Law School Clinic Program or the Patent Pro Bono Program. Additionally, the USPTO maintains several other legal assistance resources and programs for independent inventors, entrepreneurs, and small businesses. I want to file myself - learn more about filing Pro Se It is possible, though difficult, for you to conduct your own search: How to Conduct a Preliminary U.S. Patent Search: A Step by Step Strategy - Web Based Tutorial (36 minutes) The Seven-Step Strategy - Outlines a suggested procedure for patent searchingA detailed handout of the Seven Step Strategy with examples and screen shots. Patent Search requires an understanding of Patent Classification systems. Learn about the Cooperative Patent Classification (CPC) effort and the United States Patent Classification (USPC) system. Granted Patents and Patent Applications may be searched using the Patent Full Text Databases

Step 1: Determine the type of Intellectual Property protection that you need

To protect your invention, you may need a patent, trademark, copyright, marketing plan, trade secrets, or some combination of these. Before you begin preparing a patent application, find out if you really need a patent or some other form of Intellectual Property protection.

Utility Patent

Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof. By far, most patent applications filed at the USPTO are utility applications.