HOW TO APPLY FOR A PATENT AND FILE A PATENT by ResearchCopyright.com

When applying for a patent, your invention (or invented product) has to be more than just a great idea. The USPTO only grants patents for ideas that are original and commercially beneficial to others if they use it. This includes new inventions and modifications to existing ones.

You can apply for three different types of patents: Utility, Design, and Plant. The difference between a design patent and a utility patent is that a design patent protects the structural design, configuration, appearance, or shape of an invention. This patent is used when your product already exists in the marketplace and it improves upon existing patented products with better style. A utility patent protects a new invention or improves on existing inventions. This can be to a product, machine, a process. The third type of patent is the Plant Patent, this protects invented or discovered plant varieties. A plant patent lasts for 20 years from the date of filing the patent application. It grants the inventor the right to exclude others from asexually reproducing, selling, or using the plant.

Getting a patent is more intensive than registering for a copyright because you have to include drawings of how your product or invention operates.

Before you file a patent application for your new invention, you should search the Patent Office's records (http://patft.uspto.gov/ ) to make sure a similar or existing invention is not registered. If the USPTO thinks your invention is too similar to a previously existing invention, the Office will reject your patent application.

The United States Patent and Trademark Office (http://www.uspto.gov/) is the place you would correspond with regarding the filing of the patent paperwork. The process of applying for, and obtaining, a patent is a multi-step process.

1. Has anyone already patented your idea?

The first thing to do to patent your invention is to search of the Patent Office's records to make sure a patent for a similar item is not registered. If your invention is too similar to an existing invention, the Patent Office will not grant you a patent.

2. What kind of patent are you applying for?

There are three kinds of patents in existence. There are Utility Patents, these are the type most commonly thought of when someone thinks of the word "patent." Utility Patents protect inventions and machines. Design Patents protect against the physical look of something, for example, the way a certain type of Nike shoes looks, or a distinctive style of handbag. Also, the characters in the Star Wars films are protected by this type of patent. The third type of patent is the Plant Patent, this protects invented or discovered plant varieties.

3. Will you need to file globally?

The United States has treaties with other countries. You can send patent applications to several countries when you file with the USPTO. Filing for protection in more than one country makes the process more complicated than the standard filing system.

4. Choose the type of Patent application that you want to file (Are you filing a Utility Patent)?

There are two types of patent applications for Utility Patents. There is the Provisional type and the Nonprovisional type. The provisional type of application only establishes that you filed your patent and are not ready to file a nonprovisional patent application. This limitation lasts one year, after that you must file a nonprovisional application. You may place "patent pending" on your invention. The nonprovisional patent application places your application in the line for examination by the USPTO for checking out, verifying, and awarding of the patent.

5. Decide if you want to expedite the examination of your invention.

You can decide on three methods to have the USPTO examine your patent application much faster. This is commonly referred to as the "fast-track" application method. The three methods are: the Accelerated Examination Program, the First Action Interview, and the Patent Prosecution Highway.

The Accelerated Examination Program is a special needs petition to expedite the application process. Examples of special needs would be the inventor dying, the invention having to do with countering terrorism, energy, biotechnology, and a few other fields. The First Action Interview program is set to run until May 16, 2012 and the applicant can experience benefits such as advance prosecution of the application, enhanced interaction between the applicant and the examiner, the opportunity to resolve patentability issues with the examiner, and the opportunity facilitate early allowance. The Patent Prosecution Highway is a stipulation in which an applicant, after obtaining a ruling from the Office of First Filing that at least one claim in the patent application is patentable may request that the Office of Second Filing fast track the examination of the application.

6. Who will file?

For this step, you must decide if you want to file the application use a registered attorney or other agent.

7. Prepare for electronic filing.

This step has two steps. Step #1: Figure out which patent you want to apply for and how much it costs. The registration fees change often. Step #2: Apply for a customer number and a digital certificate.

8. Apply.

File your application with the United States Patent and Trademark Office. You can do this step online at the USPTO's website.

9. The USPTO examines the application.

The applicant does nothing for this step, however they may use the Patent Application Retrieval System to check the status of the application.

10. Appeals.

If needed, the applicant files appeals or replies to requests for reconsideration.

11. USPTO sends Notice of Allowance and fees due.

Applicant pays the issue fee and the publication fee. USPTO grants a patent to the applicant.

12. Applicant pays maintenance fees due 3.5, 7.5, and 11.5 years after the patent has been granted.

Self explanatory. Fees for patent maintenance change frequently.