If you have discovered or invented a brand new process, concept, machine, article of manufacture or chemical composition, you may be in the market for a patent to protect your invention. If you have gone through the steps to determine that you are qualified to file for legal protection for your discovery or creation, applying for a formal patent is the next move you will want to make. Through the United States Patent and Trademark Office, you can submit an application for a specific type of patent and include all of the relevant supporting documentation and evidence. While the process can be fairly straightforward, you will want to be familiar with how it works. Here is what you need to know.
The United States Patent and Trademark Office
The United States Patent and Trademark Office is the legal federal governing body that deals with patent applications and offers legal protection to those whose inventions or discoveries qualify. They also keep careful records of all the patents and trademarks that have ever been registered, meaning that their registry will show if a legal claim has already been made on an article.
Therefore, one of the first steps you will want to take, even before filing your application with the Patent Office, is doing a comprehensive search to make sure that your idea or object has not been patented in the past. You will also want to verify that your invention is novel, useful and substantially different enough from prior inventions to be non-obvious. Be sure to substantiate these claims before filing your application, or your patent claim may be rejected.
What Should My Application Include?
You may choose to send in your completed application to the Patent Office either by mail or electronically. If you are applying by mail, you should make sure to keep copies of all of your documentation for your own records. All of the documents submitted should be one-sided, typed and printed in standard black ink. If applying online, you can find the necessary forms electronically and submit all your documentation in PDF format. Regardless of the method you choose, your filing must include the following information:
- The type of patent you are applying for, whether it is a utility, design or plant patent.
- The specifics of the object or process that you are attempting to patent, including detailed information on how to make it and how it functions. This description should be comprehensive enough that an individual could refer to this text to recreate the object entirely from scratch. One exception to this rule is if the patentable article is simply a better, newer version of an existing object. In this case, you may detail the improvements only and not the creation of the whole article. Be sure to include a title for your invention, some background on it, a brief summary of it and a clarifying description of any graphics, photos, figures or drawings included in the application.
- Graphics, photos, figures or drawings of your invention enclosed if necessary, along with your description.
- A claim that defines the parameters of what you are seeking to protect. For example, a claim for a utility patent would involve the function of the object, but a claim for a design patent would include only its aesthetic appearance.
Now that you know the basics of what is included in a successful patent application, it is also important to remember that you may have to submit further documentation or claims after your initial application is already in. This process can be ongoing and involves communication between you or your group and the Patent Office. You will be notified if additional criteria are required in order for you to be eligible for the patent you requested.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.