How Do I Patent My Idea?

By Heather Frances J.D.

A patent protects an inventor's right to produce the product he invented, preventing others from selling or using the product. Federal law provides patents as a way to encourage innovation by giving inventors ownership over their own ideas. Since patents can only be granted by the U.S. Patent and Trademark Office, you must apply through that office before you can receive your patent.

A patent protects an inventor's right to produce the product he invented, preventing others from selling or using the product. Federal law provides patents as a way to encourage innovation by giving inventors ownership over their own ideas. Since patents can only be granted by the U.S. Patent and Trademark Office, you must apply through that office before you can receive your patent.

Determine Whether Your Idea Is Eligible

Before you go through the time and expense of filing a patent, you might want to make sure your idea is eligible for a patent in the first place. Federal law only allows patents for certain categories of inventions: utility, design or plant. Utility patents are for inventions or discoveries of processes, machines, manufactured items or useful improvements of any other patentable item. Design patents are for ornamental designs of manufactured objects, and plant patents are for new varieties of plants. If your idea does not fall into one of the patentable categories, the patent office cannot give you a patent.

File a provisional application for patent online. Get Started Now

Search Existing Patents

You may also wish to perform a patent search before filing your own patent application. Patent searches are not required, but they can save you time and money if it turns out that your idea has already been patented. During a patent search, a patent researcher combs the public patent records, including granted patents and some patent applications, to find information that may be relevant to your idea's patentability. Patent searches do not guarantee that your idea will be patentable, and some records are not available for a patent search.

File a Patent Application

The next step in the process is filing a patent application. The patent office offers electronic filing, called EFS-Web, for most patent applications. Your application must include details of your idea, and you can prepare the application yourself or with the assistance of an attorney or legal services provider. Once your application is filed, your idea officially has a "patent pending" status. This status, however, does not mean your patent will be granted.

File Responses and Pay Fees

The patent office will perform its own patent search once you file your patent application, sending you a copy of their own opinion on your idea's patentability. It is not uncommon for the patent office to deny an application initially, but you can file a response to the denial that lists reasons your idea should be given a patent. If the patent office decides your application should be granted, it sends a Notice of Allowance. Then, you must pay a fee before receiving your patent, typically sent within a few months after you pay your fee.

File a provisional application for patent online. Get Started Now
What Are Patents?

References

Related articles

What Needs a Patent: An Idea or An Invention?

When you have a great idea, you'll be tempted to patent the idea as soon as possible. However, simply having a great idea isn't enough to file for a patent. You'll need to meet a number of very specific requirements before you can start the patent application process and eventually obtain a patent.

How to Patent a Product When a Similar Patent Exists

Distinguishing between products and inventions is central to understanding parent law. A product may be based upon one or more inventions. These inventions are often protected by patents. Just because two products are similar doesn't mean that they can't both be protected by one or more patents. For example, both Apple and Microsoft make operating systems. Both operating systems perform similar functions. However, both are protected by different patents that speak to the differences between the two inventions.

How to Patent Food Ideas

If you have some great food ideas and want the exclusive right to manufacture or sell them in the United States, obtaining a patent on each idea is a smart thing to do. To obtain patent protection, you must file an application with the United States Patent and Trademark Office, or USPTO. A separate patent application must be filed for each food product or recipe idea, and your application must reflect a tested process or product rather than just a vague idea.

Start here. LegalZoom. Legal help is here. LLCs. Corporations. Patents. Attorney help.

Related articles

How to Patent a Drink

A drink may be patented in the U.S. if it meets the legal requirements for patentability. Drinks are typically patented ...

Basic Facts for Getting a Patent

Patents were so important to the founding fathers that Article I, Section II of the Constitution includes the patent ...

What Is a WO Patent?

"WO" is a suffix to a patent number that indicates that the original patent application was filed under the ...

Checklist for Getting a Patent

Coming up with a brilliant invention can be exciting. Among the most important steps you'll want to take right away is ...

Browse by category