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How to Patent an Invention


There are mainly three types of patents which are issued by the US Patent and Trademark office (USPTO) that are: utility patents, design patents and plant patents. Here we shall know more about the method of getting a utility patent for an invention. Utility patents are issued for any new inventions or for any functional improvements on existing inventions. These utility patents remain in effect for 20 years from the initial filing date. Although it takes about two years from the filing date to receive the approval for the patent but the protection cover extends from the filing date till 20 years. So let us know the processes that are involved in getting a utility patent for an invention:

  • How to Patent an Invention How to Patent an InventionYou shall have to begin by preparing a transmittal letter on form PTO/SB/05. This transmittal letter will be including the inventor’s name, title of the invention, the fact which sustains that the application is for a utility patent, the content of the patent application and any other additional content or material which can be included as a part of application.
  • You have to then complete the fee transmittal form i.e. PTO/SB/17. This form is used for calculating the appropriate patent application fees and also contains the method of payment. Although this fees varies but is somewhere in the vicinity of several hundred dollars. You have the option of paying by check or credit card. Make sure that you write out the check in the name of Director of the United States Patent and Trademark Office.
  • You shall need to prepare detailed specifications that can allow and help the manufacturer to create a prototype of your invention. Drawings and graphical illustrations can also be used to aid the detailed specifications of the invention. However you have to keep your specification concise, clear and to the point. Make sure that you place the title of the invention in the first page towards the top.
  • After doing so, you have to create background and summary statements for your invention. These can be enumerated in 1 or 2 paragraphs. The background statement should incorporate the description of the subject matter. It should also specify the scientific and technical field of the invention by referring to the existing information related to the invention. On the other hand the summary should incorporate the advantages of the invention and the ways in which it can solve problems.
  • You have to also write in a descriptive manner about the invention and how that can be manufactured and later used. Make sure that your description of the invention is specific in nature and points at how this invention differs from any existing technology.
  • How to Patent an Invention2 How to Patent an InventionTake the help of an experienced patent lawyer to sort out all legal claims establishing the utility and novelty of your invention.
  • You have to then prepare an abstract of 150 words that succinctly describes your invention in technical terms.
  • You shall have to sign forms PTO/SB/01, PTO/SB/01A, PTO/SB/02 and PTO/SB/02LR. This has to be done in the presence of a notary. These forms are all oaths and declarations made by you.
  • All of the above mentioned materials have to be submitted to the USPTO. After some time, the USPTO will mail you a written confirmation that lists out the filing date.

Watch a video instruction on how to patent an invention

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