Steps to Getting a Patent – What You Need to Know!
One of the most vital parts of the inventing process is getting a patent. We have compiled a list of things to do to get your patent going! All of this information comes directly from the USPTO website:
- Step 1, Applicant – Has your invention already been patented?
- Search the Patent Full-Text and Full-Page Image Databases
- If already patented, end of process
- If not already patented, continue to Step 2
- Search the Patent Full-Text and Full-Page Image Databases
- Step 2, Applicant – What type of Application are you filing?
- Design Patent (ornamental characteristics)
- Plant Patent (new variety of asexually reproduced plant)
- Utility Patent (most common) (useful process, machine, article of manufacture, composition of matter)
- Step 3, Applicant – Determine Filing Strategy
- File Globally?
- File in U.S.? – continue to Step 4
- Step 4, Applicant – Which type of Utility Patent Application to file?
- Step 5, Applicant – Consider expedited examination
- Step 6, Applicant – Who Should File?
- File yourself (Pro Se)
- Use a Registered Attorney or Agent (Recommended)
- Step 7, Applicant – Prepare for electronic filing
- Step 8, Applicant – Apply for Patent using Electronic Filing System as a Registered e-Filer (Recommended)
- Step 9, USPTO – USPTO examines application
- Check Application Status
- Allowed?
- Yes, go to Step 12
- No, continue to Step 10
- Step 10, Applicant – Applicant files replies requests for reconsideration, and appeals as necessary
- Step 11, USPTO – If objections and rejection of the examiner are overcome, USPTO sends Notice of Allowance and Fee(s) due
- Step 12, Applicant – Applicant pays the issue fee and the publication fee
- USPTO Grants Patent
- Step 13, Applicant – Maintenance fees due 3 1/2, 7 1/2, and 11 1/2 years after patent grant
- Download the Utility Patent Application Guide
