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Briefly, you apply for a patent by filling
out a patent application and submitting it to a Patent Office
and paying a fee - for example, for a U.S. patent you would
apply to the USPTO, United States Patent and Trademark Office.
How is your Legalese?
A patent application is a legal document and you cannot
expect to "spend one evening filling it out," the
better written the patent, the better the protection your
patent will produce. Think of it as a contract for your invention,
a contract that you or someone you hire will have to create,
a contract where every single word has impact.
For example, when describing your invention
you write "part A is nailed to part B", somebody
else may be able to patent a very similar invention by claiming,
"part A is glued to part B." It would be safer to
use the word attached or attached by a variety of fasteners.
There are no fill-in type forms available for the most complex
parts of a patent application.
.Yes, you read that correctly. You will be facing blank sheets
of paper. And how's your skill at drawing? Most patent applications
will require drawings of your invention.
All Inventors Must be Listed on the Patent Application
Only the inventor may apply for a patent, with certain
exceptions, and two or more persons making an invention jointly,
must apply for a patent as joint inventors. All inventors
must be listed on the patent applications.
It's not Easy
You have heard this before, however, it bears repeating, "undertaking
a non-provisional utility patent application without a patent
attorney or agent is very difficult and not recommended for
beginnings."
But Learn How to File a Patent Application
However, it is highly recommended that you do draft the first
copy of the patent application and do a preliminary search
for prior art yourself and bring the paperwork to whomever
you do hire for a final proof. Those actions will save you
money. If you must self patent for financial reasons please
read a book such as, "Patent It Yourself" and understand
the risks of self-patenting.
Another alternative (some experts do not recommend it -
research the drawbacks) is to file a provisional patent application.
The much cheaper provisional patent provides one year of protection,
allows patent pending status, and does not require writing
claims. However, before one year expires you must file a non-provisional
patent application for your invention. During this year, you
can promote and sell your product and hopefully raise the
money for a non-provisional patent. Many successful experts
advocate provisional patents and other alternatives as a better
path to follow.
A Non-provisional Utility Patent Application Includes:
- A written document which comprises a specification (description
and claims), and an oath or declaration;
- A drawing(s) in those cases in which a drawing(s) is
necessary; and
- The filing fee at the time of application, a fee when
the patent is issued and regular maintenance fees must
be paid.
How to File a Patent Application for a Utility Patent
This tutorial will help you understand utility patent
applications. It explains what a specification, descriptions,
claims, and declaration are and how to write them.
The descriptions and claims are very important to a patent
application, they are what the patent examiner will look at
to determine if your invention is novel, useful, nonobvious,
and correctly reduced to practice as covered in our lesson
on patentable.
It takes up to three years for a patent application to be
granted. Applications are often rejected the first time and
you will often need to amend the claims and appeal (also common).
Important disclaimer
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