How to File a Patent

The article which is going to come up right after this introduction is going to be about how to file a patent. If there is some original work been done in a field and you want to protect it, then this is the way to go. Scroll down for more.
With the awareness about rights related to intangible things like intellectual property and ideas, increasing, it is no wonder that people are striving to protect that from being stolen or forged upon. The world over, patents, trademarks and copyrights are precisely used for the same reason. Having mentioned patents, these are mainly a group of rights which are exclusive, granted by the government of a country to an inventor or the assignee. These rights are for a limited period of time and are in exchange of the permission to make the invention public. In case you know someone whose work deserves to be patented (including yourself), then you should know how to file a patent! So read on.

Filing a Provisional Patent

Now, first things first. It is not going to be a breeze getting a patent, because it is a serious issue and each and every application for a patent is closely scrutinized. Having patience will be an asset there! Here is more on how to file a patent yourself and how to get a patent.

What You Need
The form and the related things are available on the US Patent and Trademark Office (USPTO) website. You will not have to worry about that. Rather what you do have to brace yourselves about are a couple of things. The first is the written description of the invention and drawings (if any), crucial to understand the invention. These are a must for your application (isn't that the whole purpose?!), or else the application will be rejected. For an application to be considered complete, you will require -
  • The application as a provisional application for patent
  • Name(s) of all inventors
  • Inventor residence(s)
  • Title of the invention
  • Name and registration number of attorney or agent and docket number (if applicable)
  • Correspondence address
  • US Government agency that has a property interest in the application.
Once done with gathering these things, the next step can be taken.

The Application
Basically when it comes to filing a patent, and that too a provisional one, you will need to have the papers in order, that is cover sheet, fee transmittal form and application data sheet. Another important thing to remember regarding patent filing process is that a provisional patent can be applied for and filed for at least a year post the date of first sale, offer for sale, publication of the invention or public use of that. The provisional patent application, needless to say, downloaded straight from the USPTO website. Check out the website, search for provisional patent applications and get the form. Print it, fill it properly and attach the requisite documents and mail the whole package to the Commissioner of Patents, Alexandria. If you were wondering how long does it take to file a patent, it would not take too long, certainly less than what you would need to get the patent.

The Rights, The Money
If you were wondering how much does it cost to file a patent, then the good part is that the cost is pretty much affordable. The basic filing fee is $220 and the small entity fee is applicable is around $110. The charges can be paid either by check or a money order, payable to the director of the USPTO.

After you are done with all the above, it will take minimum 8 months to a year just for the examiner to review the application and then sometime after that you may get the certification and the patent. You can check out more on how to patent an idea or a product.

In case you find the process of filing a patent too overwhelming, you can approach a patent law attorney who can help you through the rituals. But all in all you will have to be extremely sure of your invention and be sure of the documents related to it. That done, you are all set to protect your gray matter in the form of that invention! All the best! I sign off here!
By
Last Updated: 10/13/2011
Like This Article?
Follow:
Post Comment
Your Comments:
Your Name: