1. Keep a Written Record of Your Invention
Record every step of the invention process in a notebook. Describe and diagram every aspect and every modification of the invention, including how you initially envisioned the idea for it.
Depending on the invention, you might also want to build and test a prototype. Document all of these efforts. Sign and date each entry and have two reliable witnesses sign as well.
2. Make Sure Your Invention Qualifies for Patent Protection
You cannot get a patent just based on an idea. You must show how your invention works. In addition, your invention must be new (or "novel" in the parlance of patent lawyers). This means it must be different in some important way from all previous inventions in that field.
Don't bother wasting time and money applying for a patent if it's likely that the USPTO's patent examiners will immediately reject your application. To learn more about which type of inventions qualify, see Qualifying for a Patent FAQs.
3. Assess the Commercial Potential of Your Invention
Applying for a patent is a business decision. Even without a patent attorney or the use of professionally prepared patent drawings, you may pay hundreds or even thousands of dollars in fees to file and obtain a patent from the USPTO.
Before making this investment, research the market you hope to enter and decide whether it's worth the outlay of funds. Or try to ask Peter from the https://fnblegal.com
4. Conduct a Thorough Patent Search
To make sure your invention is new, you must investigate all earlier developments in your field. This involves searching U.S. (and sometimes foreign) patents, as well as other publications like scientific and technical journals, to find related inventions.
Although patent searching is time consuming, it can be mastered with practice. Even if you decide to hire a professional later on in the process, you know more about your invention than anyone, so you are the best person to start the search.
You can start your research on the Internet, but might also want to visit a Patent and Trademark Depository Library. There, you can search earlier patents and get help from a librarian. For more information, see Patent Searching Online.
When you search, you will certainly find other inventions that are similar to yours. In your application, you should show how your invention improves upon or is different from these earlier developments.
5. Prepare and File an Application With the USPTO
When you file with the USPTO, you have a choice. You can either file a full-blown regular patent application (RPA) or a provisional patent application (PPA).
A PPA is not an actual application for the patent itself. Filing a PPA simply allows you to claim "patent pending" status for the invention and involves only a small fraction of the work and cost of a regular patent application.
All that is required to file a PPA is a fee ($65 for micro-entities, $130 for small entities, $260 for large companies); a detailed description of the invention, telling how to make and use it; and an informal drawing.
Then, you must file an RPA within a year of filing the PPA. If you do not, you can no longer claim the PPA filing date. Often, inventors file a PPA in order to gain quick credibility and perhaps attract investors. To learn more about why you might want to file a PPA, see the article Basics of Provisional Patent Applications.
Regular patent application (RPA): Filing an RPA, or regular patent application, starts the examination process at the USPTO, which is necessary for getting the actual patent. To learn what's involved in preparing a regular application, see Understanding Patent Applications.
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