Function

• Patent laws in the United States require an application for patent to be submitted within one year of the creation's being introduced for public consumption, publication or sale. Only the inventor is allowed to submit the application. In the case of an inventor who is no longer living, the administrator of the estate may apply for a patent. Inventors who do not possess the mental capacity to submit an application can have their guardian complete the process. For organizations, it is common to file the application under the name of inventory employees.
  
  Utility patents are typically issued for a period of 20 years from the filing date of the patent. Inventors are offered global protection under international agreements, such as the Patent Cooperation Treaty (PCT), which is comparable to filing for a patent in the country of each signatory. Currently, the treaty is recognized by 90 nations. To receive this consideration, the inventor must file an international application in the division of USPTO known as the U.S. Receiving Office.
  
  

Patent types

• There are basically three types of patents that can be filed: 1) A utility patent covers new or improved processes, machines, manufactured goods or unique compositions. 2) A design patent is intended to protect inventors who produce a new, one-of-a-kind ornamental creation for a good that is manufactured. 3) A plant patent is awarded to inventors who discover, create or "asexually reproduce" an original kind of plant.
  
  Before undertaking the procedure for obtaining a patent, the inventor should make sure that the product meets the three legal requirements of novelty, non-obviousness and utility. Novelty ensures that the invention is unique to the market. The law also requires that it be dissimilar to prior products or technology. This is referred to as "non-obviousness." The last legal condition that must be met is that of utility. This simply means that the invention must serve some "useful" purpose.
  
  

Pre- application

• It is recommended that inventors take the following steps before commencing the procedure for obtaining a patent:
  
  1) Maintain a journal of the invention, including a description, diagram and any improvements or alterations made along the way. Some inventors may also construct prototypes.
  
  2) As mentioned earlier, the invention must meet the qualifications for a patent. That means it must be unique, compared to other products, and the patent application must occur within a year of the product's being made public. Ideas do not qualify for patents.
  
  3) Make sure to evaluate the market potential for the invention before spending money and time to go through an application process. The cost of a patent is about $1,500.
  
  4) Make sure you conduct a comprehensive patent search. You can commence this part of the procedure for obtaining a patent by searching on the Web. The Patent and Trademark Depository Library is a helpful source for researching inventions. It is important to discover if there are previous advancements in the category of your invention. Not only is it necessary to review U.S. patents, but international patents must be examined too. In addition, reviewing technical and scientific publications is recommended
  
  

Specifications

• The actually procedure for obtaining a patent starts with drawing up the specifications. They provide a description of the invention that is detailed enough to enable an individual, who has training in the area, to replicate the invention without the need for experimentation. Specifications must also reveal the optimal method for producing and making use of the invention. These documents are usually made up of multiple components, including the invention's title, background, summary and a detailed description.
  
  

Claims

• The claims are comprehensive declarations detailing what the invention encompasses. This part of the application is considered by many to be the most important step in the procedure for obtaining a patent. The inventor must provide the limitations or boundaries around his creation. This puts others on notice if they should cross the line and breach the inventor's legal rights. The claim's language, including words and phrases, and how they are framed, is it of key importance.
  
  

Drawings

• Drawings are often required for demonstrating how your creation operates. They should clearly illustrate the features documented in the claims made about the invention. The USPTO has very specific provisions for drawings that must be closely adhered to by the inventor. If the invention can be described and explained with a drawing, the drawing is required to be included along with the patent application.
  
  

Filing the application

• The last step involved in the procedure for obtaining a patent is the filing of the actual application. Applications can be filed electronically or by mail. You should make copies of each page submitted in the application. To receive proof of receipt, fasten a stamped self-addressed postcard to the first page of your patent application. The postcard should list detailed information, such as the inventor's name, the filing date of the application, and the title of the creation. The postcard should also include every category of documents included with the application and the number of pages for each document type. For example, Claims--10 pages.
  
  It may take some time to learn to use and navigate the Electronic Filing System (EFS). It allows an inventor to file an application 24/7 and from any place where he has Web access. Once the process is complete, the inventor will receive instantaneous confirmation of receipt of his application.