How to Acquire a Patent

How to Acquire a Patent

• 1). Make sure your invention is patentable. The PTO issues three types of patents: utility patents, design patents and plant patents. Utility patents are the most common forms of patents and include inventions and improvements for existing inventions, such as a cell phone or digital camera. Design patents are issued for new, original and ornamental designs for useful items. The Coca-Cola bottle has its own design patent. A plant patent is issued for new plants that are asexually reproduced, such as hybrid vegetables and trees. You cannot patent anything that exists as a "prior work of art," such as the cell phone or digital camera. However, you can patent an improvement to these devices. For example, at one point in time, cell phone technology only permitted users to make and receive phone calls; however, someone dreamed up the idea of adding technology that allowed cameras to take pictures and record brief videos--this new method (improvement) was patentable; the cell phone itself was not.
  
  
• 2). Hire a professional patent search firm to conduct a novelty or infringement search. This is to make sure that you don't submit an application to the PTO for an invention that is already patented or is pending a patent. If you submit an application for a prior work of art, you risk allegations of infringement; additionally, your application will be denied. It is theoretically possible to conduct your own patent search using the PTO's Patent full-text and full-page image database (link below). However, it's not as simple as entering an obvious word, e.g., "Vaseline." You need to know key terms and other descriptors to make sure the same invention has not been patented. Prior to inventing Vaseline, an inventor would have searched for a phrase such as "improvement in product from petroleum"--which is how Vaseline is described in its patent.
  
  
• 3). Secure the services of a patent attorney or patent agent to draft your application after completing your infringement search. You will be required to sign an oath stating that you believe yourself to be the first inventor of your patentable creation. But the rest of the application should be left to those with expertise. The specification portion of patent applications is specific in terms of the legal and scientific language required and must give whoever reads the application a good idea of how to make or use the invention. Your application will be rejected if the specification fails to convey this information or if the "claims" that your invention asserts are too similar to those of a prior work of art. Your application also needs to include a variety of drawings and diagrams of your invention. To view a typical patent application, refer to the link below.
  
  
• 4). Pay the filing fee to the PTO. There are different basic filing fees for utility patent applications, design applications and plant applications, and these are subject to change. As of July 2009, the basic filing fee for a utility patent application was $330. However, you are also required to pay the PTO search and examination fees. If you are an independent inventor, you may qualify for "small entity" status, which cuts filing fees in half. To see the PTO's current fee schedule, access the link below.