How to Get a Patent

When an individual has an idea for a new, inventive, and industrially applicable design or invention they first thing they may want to know is how to get a patent. Obtaining a patent for a new invention can take several years and may cost thousands of dollars. However, by obtaining a patent the inventor secures the exclusive rights to the invention and essentially has a monopoly on the invention and all of its profits. Acquiring a patent ensures that others will not be able to make, use, or sell the invention for the duration of the term of the patent. The first step regarding how to get a patent is filing an application with the U.S. Patent and Trademark Office (USPTO).

Individuals desiring to file an application for a patent are highly advised to contact an intellectual property law attorney for assistance in completing the patent application. An attorney can conduct research to ensure that a patent does not already exist for an idea similar to the idea for which the individual is pursuing a patent. Additionally, an attorney can help the individual make certain the the patent application is clear, concise, and thorough. Since a patent is similar to a contract, the more specific the application the better protection the patent can offer. Individuals may be required to submit drawings of the invention, and it may be beneficial for these drawings to be handled by a professional.

Several fees accompany patent applications, and individuals will want to be aware of these associated fees, their amounts, and when during the application process these fees will be due. There is a fee required to issue the patent once the application is approved, and maintenance fees must be paid at various times during the patent's term. Furthermore, attorneys' fees for the legal services should also be expected throughout the application . Attorney fees will vary based on the complexity of the invention and the type of patent the individual is seeking to obtain.