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  • Applying for a patent can be a long and tedious process. There are many websites that encourage individuals to submit their patent ideas online, but the United States Patent and Trademark Office (USPTO) warns consumers they are the only entity that can legally patent a invention. According to the USPTO, a patent grants an inventor "the right to exclude others from making, using, offering for sale, or selling the invention in the United States or importing the invention into the United States."

    Disclosure and Determination

    Time is of the essence when applying for a patent. You may want to consider first submiting a Disclosure Document before your actual patent application. As stipulated by the USPTO, although the Disclosure Document is not a patent, it will become evidence of the "date of conception of an invention." The USPTO will keep it for two years (they are not made public). After two years, it will be destroyed. After you have submitted a disclosure and are ready to begin the patent process, you must determine what type of patent you need. There are only three types of patents; your invention must fall into one of the categories. The categories are a utility, design and plant patent. A utility patent is for inventors who invent or discover any new and useful process, machine, article of manufacture, or composition of matter or any new and useful improvement. A design patent is for inventors who invent a new, original and ornamental design for an article of manufacture. Lastly there is a a plant patent. This patent is for inventors who invent or discover and asexually reproduce any distinct and new variety of plant.

    Description and Drawings

    In order to receive a patent, you must submit a complete description of the machine or subject you invented. In addition to a thorough description of your invention, you are required to submit drawings of your invention. The drawing, just like the description, must be complete and show every feature of the invention specified in your application. The drawing must also be done on a specific size of paper and properly formatted, so it's important to check with the USPTO before beginning your drawings. It might be a good idea to hire a patent attorney or agent. A patent attorney or agent will be knowledgeable on the drawings, descriptions and entire examination process. You may be able to successfully submit a patent application alone, but the USPTO recommends retaining a patent attorney or patent agent. If you elect to hire a lawyer or agent, they will receive all correspondence from the USPTO, but you have the right to revoke those privileges at any time. You can also still call and check on the status of your application.

    Examination

    When you or your lawyer is ready, submit your application to the correct technology centers. Each technology center caters to the type of invention utility, design and plant patent. Once submitted, the examiner will look over your application. The examination process includes a study of the application for compliance with legal requirements, a search of existing U.S. patents, publications of patent applications and foreign patent documents. The extensive research done by the examiner is done to ensure that your invention is new and useful. If the examiner's decision on patentability is favorable, a patent is granted.

    Source:

    United States Patent and Trademark Office

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