Inspiration has struck, and you want to protect your fledgling idea until it can be realized. In the United States, a patent serves as legal notice that you own the rights to make, sell or use your idea and is granted by the U.S. Patent and Trademark Office (USPTO). You don't have to be an Einstein to obtain a patent, and lawyers are optional.

Patent Basics

There are three types of patents: utility, design and plant. Utility patents concern the invention or discovery of new and unique processes, machines, or articles of manufacture. Design patents cover ornamental designs for items that are manufactured, and plant patents are for the reproduction of new varieties of plants. The type of application you submit depends on which of the three categories your idea or invention falls into.

First Steps

Conduct a patent search to ensure the invention or idea doesn't already exist. This involves a search of the USPTO Patent Database at http://patft.uspto.gov. Some people hire a patent attorney to assist them, although this is not necessary. You should already have a notebook or set of notes describing how you came up with the idea, any changes you made along the way, prototypes you may have built and diagrams or illustrations of your invention. Sign and date these documents, and have a few witnesses do so as well---this will protect you if someone else claims they invented the process or idea first. And before you even begin the application process, take time to research the market you hope to tap with your invention, and make sure it will be worth the time and money you'll spend. Even without a lawyer, patent application fees can run around $1,500.

Application Process

Consider filing a provisional patent application (PPA) before you go through the longer, more expensive regular patent application (RPA) process. This buys you time to complete the RPA and approach manufacturers with your idea without the risk of having it stolen. A fee of $110 and a brief application in plain English describing your invention allows you to claim "patent pending" for a year, and when you file the RPA, you can use the date you first filed the PPA as your invention's original creation date. This does not grant you a patent, however---you must file the RPA to obtain one. This application contains several parts, including the title, background, brief summary and detailed description of your invention, as well as any drawings and detailed statements of what it does. You can submit by mail or electronically on the USPTO website. A USPTO patent examiner will contact you to discuss what will be covered by the patent and any errors or incorrect language in the application will need to be fixed. The patent is granted when both parties reach agreement, which can take anywhere from one to three years.

Source:

From Idea to Patent---Invent Iowa

How to Get a Patent---U.S. Patent and Trademark Office

Getting a Patent on Your Own---Nolo

More Information:

U.S. Patent and Trademark Office---Patents Process

Basics of Provisional Patent Applications---Nolo

Understanding Patent Applications---Nolo