Process of Filing for a Patent

So you have a great idea. Filing for a patent is the next best step when it comes to protecting your intellectual investment, and today, we’ll walk you through the steps necessary to take your idea to the next level. 

Determine the Type of Patent: Identify whether you need a utility patent (for new and useful processes, machines, articles of manufacture, or compositions of matter), a design patent (for new, original, and ornamental designs), or a plant patent (for new and distinct plant varieties).

Patent Search: Conduct a thorough search to ensure your invention is novel and not already patented. This can be done through the USPTO database and other patent databases.

Prepare the Patent Application:

• Provisional Application: A provisional application provides a lower-cost first patent filing in the United States and gives you a "patent pending" status for 12 months.
• Non-Provisional Application: A non-provisional application must be filed within 12 months of the provisional application to benefit from its filing date. It includes:
• Specification (description and claims)
• Drawings (if necessary)
• Oath or declaration
• Filing, search, and examination fees

File the Application: Submit the application to the USPTO either online via the Electronic Filing System (EFS-Web) or by mail.

USPTO Review:

• The USPTO reviews the application to ensure it meets all legal requirements.
• An examiner is assigned to the application, who may issue an office action with objections or rejections.
• Respond to any office actions to address the examiner's concerns.

Patent Grant:

• If the examiner finds the application meets all requirements, a notice of allowance is issued.
• Pay the issue fee to receive the patent grant.

Maintenance of Patent: Pay maintenance fees at the required intervals to keep the patent in force.

From start to finish, watching your idea come to fruition can be a very rewarding feeling. If you’re ready to take your product idea to the next level, contact us today!