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- 1). There are three types of patents: utility, design and plant. Inventions may take the form of a useful process, machine or composition; original or ornamental design for an article of manufacture; or new variety of asexually reproduced and distinct plant. The 1960s Supreme Court case of Brenner v. Manson states that patentable inventions must provide a "specific benefit" to a portion of the public.
- 2). Verify the novelty of the invention. Hire a patent attorney to perform a "prior art" search, researching technical and academic journals and patent databases for any published idea similar to your invention. If your invention already exists, the USPTO will not grant another patent.
- 3). Complete a patent application. The application needs to include a description of the invention, name and contact information of all inventors, results of the prior art search, intellectual property claim or claims, drawings or figures and the invention specifications.
- 4). File the patent application with the USPTO. The agency accepts patent applications through the mail or online.
Send mailed applications to:
Commissioner for Patents
P. O. Box 1450
Alexandria, VA 22313-1450 - 5). Pay patent filing fees. The fees depend on the type of invention and patent application submitted. As of 2010, they ranged from $82 to $330.
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