HOW TO GET PATENT PROTECTION FOR A PRODUCT IDEA by ResearchCopyright.com

So one day you design a new contraption, make a working prototype, tweak it a bit, and declare it to be the most awesome thing in existence. Now you want to patent it to protect your design so you can exploit it for monetary gain. How do you apply for a patent?

You would contact the United States Patent and Trademark to file patent paperwork. The process of applying for, and obtaining a patent is a multi-step process.

1. Has anyone patented your idea?

To patent your invention, you need to conduct a thorough search of the Patent Office's records to make sure your patent is not similar to an existing registered patent. If your invention is deemed to be too similar to a previously existing invention, the patent will not be granted.

2. What kind of patent are you applying for?

You can choose from three kinds of patents. The first is called the Utility Patent, which is the most common type of patent, Utility Patents protect inventions, products, and machines. Design Patents protect against the physical appearance of something; for example, the way a certain type of Nike shoes looks or certain container which lipstick comes out of, or a distinctive style of sportswear. Also, the characters in the Star Wars films are protected by this type of patent. The third patent is called the Plant Patent, which protects invented, altered or discovered plant varieties.

3. Will you need to file globally?

Because the United States has international treaties with other countries, it is possible to submit your patent applications internationally at the same time you file with the USPTO. This process is more intensive than standard filing and the process may take longer.

4. Which type of Utility Patent application do you plan on filing (if you are filing a Utility Patent)?

There are two types of patent application 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 the Patent Office to examine your application faster.

You have three choices available to you if you want the USPTO to examine your application faster. These three methods include: 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 lease 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, decide if you want to submit the application yourself or use a registered attorney or other agent.

7. Prepare for electronic filing.

This step has two parts to it. First is to figure out which kind of patent you are trying to apply for and figuring out how much money it costs for the kind of patent you wish to seek. The prices for these fees change often. The second step is to apply for a customer number and a digital certificate.

8. Apply.

File your application with the United States Patent and Trademark Office.

9. The USPTO examines the application.

The applicant does nothing for this step, however, you may use the Patent Application Retrieval System to check your application's status.

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 upkeep change frequently.