How to Get an Individual Patent
- 1). Determine whether a similar patent already exists. There are thousands of ideas and inventions that have been patented, and a patent will be turned down if a similar patent already exists. Visit the U.S. Patent and Trademark Office at uspto.gov to search its patent database.
- 2). Determine whether the invention is able to be patented. For an invention to be patented, it must meet the requirements of being novel, non-obvious, and useful.
To be novel, the invention must be new and never previously patented. To be non-obvious, the invention must have the potential to be commercially successful, meet previously unanswered needs, and not be an obvious solution to a problem. To be useful, the invention is required to address a need, as well as to be legal and moral to manufacture. Naturally occurring substances and business methods cannot be patented. - 3). Determine what type of patent to apply for. That determines the patent application required. Utility patents protect machines, processes, and other man-made products. Design patents protect manufacturing or building designs. Plant patents protect asexually reproductive plants. Most patents for inventions fall under the utility patent type.
- 4). Create plans for the invention. For a patent to be accepted, the inventor must write out a plan that includes the purpose of the invention, how to make the invention, and exactly how it works. Detailed design drawings of the invention must be included with the plans.
- 5). Apply for the patent at the Patent and Trademark Office. Patent applications can be filed independently using the Patent and Trademark website's electronic filing system, or by a private attorney working on behalf of the inventor. A cover letter, patent design plans, and an application file must be included with the application.
For more information about specific patent applications and to fill out the patent application, visit the U.S. Patent and Trademark website at uspto.gov. - 6). Appeal if the patent application is rejected. If the patent is rejected, the Patent and Trademark Office will send a notice and the inventor can appeal for it to be reconsidered.
- 7). Pay maintenance fees to keep the patent up to date. If the patent is accepted, maintenance fees must be paid to the Patent and Trademark office 3 1/2 years, 7 1/2 years, and 11 1/2 years after it is issued. Fees can be paid at uspto.gov.
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