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Patents

Provides basic information about patents and how to search for them.

Before Applying for a Patent

Before applying for a patent, consider whether patent protection is what you want to seek.

  • Are you really interested in patent, trademark, copyright or trade secret protection?
  • Is your invention useful and non-obvious?
  • What type of patent do you want to apply for?

Next, follow the searching strategies to try to determine whether someone else has already patented your invention.

Patent Application Process

The USPTO website outlines the process for applying for a utility patent.

They also offer guides to filing:

  • Provisional Utility Patents
  • Nonprovisional Utility Patents
  • Plant Patents
  • Design Patents
  • International Patents

Two options exist for utility patents: the non-provisional application, which begins the examination process that may lead to a patent; and the provisional application, which establishes a filing date, but does not begin the examination process.

Provisional patents are not full patents. They are like a placeholder. A provisional patent allows you to file a preliminary patent so you can establish an earlier filing date and have another year to get everything together for a nonprovisional patent application.

First to file is important, because if someone else files an application for your invention before you do, then you will not be able to obtain a patent - someone else beat you to it. This is different from how patents used to work. Patents used to be based on first to invent. However, this was different from laws in most countries and difficult to establish, so this law changed in the United States in March 2013.

Independent Inventor?

Many patents are filed by independent inventors.  Independent inventors are those inventors who do not have a large company backing them or their research; often, independent inventors work solo and create something in their spare time which they would like to try patenting. 

Inventors who are associated with commercial enterprises usually have the backing and expertise of that enterprise, but independent inventors are often a little unsure of how the process works if this is their first time patenting something.  The USPTO has created several resources specifically with the independent inventor in mind, listed at the link below:

Why Use a Patent Attorney?

The USPTO recommends hiring a patent attorney for the application process because patent applications require knowledge of:

  • Patent law and rules
  • USPTO procedures
  • Science and technology related to the invention

Lack of such knowledge may result in your application being denied or a patent that does not adequately protect your invention.

USPTO maintains a list of patent attorneys and agents.

NOTE: Besides yourself, only patent attorneys and patent agents may file a patent application with the USPTO. Patent attorneys have completed an additional certification beyond law school focused on patent law.