Visit the US Patent & Trademark Office website - www.uspto.gov - for free information about the patent process, fees, searching - everything a new inventor needs. One note of caution - the US Patent Law was just changed (3/16/13) such that the "first inventor to file" will be eligible for a patent on his/her invention, as opposed to another inventor with the same idea, who files second. Thus, filing "early" is recommended - once the invention is "ready to be patented." Here is an outline of the utility patent process from the USPTO website: Patent Process Overview * 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 * 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? * Need international protection? * File in U.S.? - continue to Step 4 * Step 4, Applicant - Which type of Utility Patent Application to file? * Provisional or * Nonprovisional * Step 5, Applicant - Consider expedited examination * Prioritized Examination * Accelerated Examination Program * First Action Interview * Patent Prosecution Highway * Step 6, Applicant - Who Should File? * File yourself (Pro Se) * Use a Registered Attorney or Agent (Recommended) * Step 7, Applicant - Prepare for electronic filing * Determine Application processing fees * Apply for a Customer Number and Digital Certificate * Step 8, Applicant - Apply for Patent using Electronic Filing System as a Registered e-Filer (Recommended) * About EFS Web * 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.
Answered on Mar 29th, 2013 at 2:38 PM