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How Do I Patent My Idea?

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    Is Your Invention or Process Tangible?

    • An idea alone cannot be patented. You must have the details worked out in a tangible form. In the case of many inventions, this could be a prototype of the invention itself or a detailed illustration that shows the process. Before applying for a patent, ensure your invention or process works.

    Is Your Invention Completely New?

    • Under the law, a patent will only be issued for an invention or process that is completely new, meaning it can never have appeared anywhere in the world, nor can it have been described in print. You obviously can't know if this is the case without doubt, but you should be at least reasonably sure.

    Search the U.S. Patent for Similar Patents

    • You can visit USPTO.gov and do a search of all of its patents (see References). This will help you ensure there are no other patents registered for your invention or process. If you find a patent for something similar, you will have to look into it further to ensure there are differences between your invention and the one already under patent. You're free to apply for your patent if you don't find a match.

    Patent Application

    • There are numerous forms to be filled out for a patent application. They can all be found at USPTO.gov under "Patents" and "Forms." You can fill the forms out online and print them, then mail them to the U.S. Patent Office. Current fees for filing are given on the website. Before you apply for a full patent, consider a provisional patent, also known as patent pending. This will protect your invention or idea for a full year, which will give you time to make sure you truly do want to go through the expense and procedure of a full patent.

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