If you have invented something original and new and don’t want others to profit from your creativity without your permission, patenting is the way to go. When you file a patent with the United States Patent and Trademark Office (USPTO), you gain the right to take legal action against anyone who unlawfully uses or copies your invention in the United States.
In the United States, a patent serves as a legal shield, granting inventors exclusive rights to safeguard their creations from theft, unauthorized sale, and replication for a set period. If your invention meets the criteria of originality, the USPTO will grant you a patent.
If you’re considering applying for a patent in America, you might be wondering where to start. This article will provide a comprehensive guide to navigating the patent registration process. Let’s get started!
How to Register a Patent in the US (Full Guide)
After working hard to invent something that enhances people’s lives, you may be considering protecting your creation. If the invention is new and has never been revealed to anyone, and if it is not something that can easily be replicated, patenting it could be the right move.
However, before starting the patent registration process, it is important to determine whether your invention is suited for a patent, copyright, trade secret, trademark, or a combination of these protections. Evaluating your options thoroughly will help you decide how best to safeguard your intellectual property.
What Is a Patent in the US?
A patent is a legal document that offers an inventor the exclusive rights to prevent others from making, using, or selling their invention for a specified period, usually up to 20 years from the day an application is filed with the USPTO.
The USPTO grants patents to protect inventors’ rights and incentivize innovation. The protection is only valid in the United States and its territories, but you may also register it in other countries.
Who Can Apply for a Patent in the US?
In the US, anyone who invents a new product that addresses a problem can apply for a patent. The application must be filed in the name of the inventor or inventors. Additionally, a patent attorney can apply on behalf of the inventor in the inventor’s name.
What Can You Patent in America?
A patent is available for any invention that is useful, new, and non-obvious. These inventions can include:
- Composition of matter
- Machine
- Process
- Articles of manufacture
- Asexually reproduced or new variety of plants
- Ornamental article design
- Improvement to one of the above
There are a few things that are illegal to patent. They include:
- Non-useful inventions like perpetual motion machines
- Abstract ideas
- Laws of nature
- Offensive inventions
- Living things
- Mathematical formulas
- Natural phenomena
Types of Patents in America
There are three types of patents in the US, and each of them has its unique characteristics. Here are the main types of patents in America:
1. Utility Patent
Also regarded as a nonprovisional patent, a utility patent is the most used in the US. Suppose you have discovered a new and fresh machine, process, article of manufacture, or composition of matter that is useful and solves a problem. In that case, you can apply for a utility patent.
The most important thing about this patent is that your invention must be fresh, nonobvious, solve a problem, and be easy to use in your field. It is usually valid for 20 years from the date of the application.
2. Design Patent
If you’ve invented a new ornamental design that is entirely original for an article of manufacture, you can apply for a patent. However, this patent only covers the appearance of the article. Design patents do not protect the functional features of such an article. It protects your invention for 15 years after the date the design patent was granted.
3. Plant Patent
A patent is not limited to machine or ornamental design. Anyone in agriculture who has discovered, invented, and asexually reproduced a distinct and new variety of plants can be granted a patent.
A plant patent covers cultivated sports, hybrids, newly found seedlings, mutants, and tuber-propagated plants. Unlike a design patent, a plant patent provides your invention with 20 years of protection from the date you applied.
Patent Process Steps
Before applying for a patent in America, it’s essential to understand the steps of the patent process. Here’s a quick overview of the steps involved in patent registration:
1. Find out if your invention is patentable.
The most important thing to do, first and foremost, is to find out if your invention is patentable. Check patentable inventions on USPTO to determine if you can patent your discovery. This step will help you avoid wasting time on unpatentable inventions.
2. Prior Art Search
A prior art search is an essential step in patent registration. It involves searching for and analyzing existing patents and other publicly accessible resources to determine whether a similar invention already exists.
The search helps to identify any potential obstacles to the patent application and helps to ensure that the invention is new, not publicly disclosed before, and non-obvious. A patent attorney or specialist usually carries out a prior art search.
3. Determine the type of patent you need.
After confirming that your invention is new and has never been patented, determine the category to which it belongs. Check the different types of patents explained above to confirm.
4. Drafting a Patent Application
Once you have determined the type of patent you need and completed the prior art search, the next step is to draft a patent application. This includes preparing a detailed description of your invention and its use and a set of claims defining the scope of the protection you seek. Make sure to include:
- Easy-to-understand description of the invention
- An abstract
- At least a claim
- A drawing, if necessary
- A signed oath of declaration
- Fees
5. Filing the Application
Once your patent application is complete, the next step is to file it with the United States Patent and Trademark Office (USPTO). This involves paying a filing fee and submitting your application, including all necessary documents and information. But you need to create an account with the USPTO first.
In addition to the filing fees, you must also pay the search and examination fees found here.
6. Patent Examination
After you file your patent application, an examiner at the USPTO will review it to determine if your invention meets the requirements for patentability. This may include a review of the prior art and evaluating the claims you have made in your application.
7. Responding to Office Actions
The USPTO may issue “office actions” requesting additional information or clarification during the examination process. You will need to respond to these office actions promptly to keep your application moving forward.
8. Patent Issuance
If your patent application is approved, the USPTO will issue a patent granting you the exclusive right to use, make, and sell your invention for a specified period. This typically lasts 20 years from the date of your patent application filing.
9. Pay maintenance fees.
It is essential to pay maintenance fees to keep your patent protection alive. For instance, utility patent maintenance fees are to be paid 3.5, 7.5, and 11.5 years after the day your invention is granted a patent.
How Do You Make Patent Approval Faster?
The only way to make the process faster is to hire an experienced patent attorney. An experienced patent attorney already understands the route to a successful patent grant and can easily guide you to success. You can also hire an agent to do it on your behalf.
Unfortunately, you must pay for the agent’s or attorney’s services. A patent attorney or agent is your best bet if you don’t mind paying the fee of around $600+ per hour.
How To File A Patent Yourself
Usually, you should hire a patent attorney or agent to do the work for you because they have been trained. You will need some training to get it done yourself. So, it is recommended to seek the help of an attorney or agent.
However, if you want to file a patent, USPTO can assist you, as the law requires them to give you maximum assistance. Here is what you should do:
- Record every step and process involved in your invention. Make it detailed.
- Ensure the invention qualifies based on the Patent Act for patent protection.
- Research to ensure another party does not patent your new invention.
- Apply with the USPTO. You can file a regular patent application (RPA) or a provisional patent application (PPA). RPA is a full-blown patent application, while PPA allows you to claim patent pending status, which costs a lesser fee. You can later file for an RPA within a year.
Can You File for International Protection
Yes, you can file for international protection, too. The PCT (Patent Cooperation Treaty) protects your invention in over 150 contracting states. It means you can file a patent in many countries with just one international patent application, rather than applying individually in each country. Consult a patent attorney for assistance with the application.
Conclusion
Registering a patent in the US is a great way to protect your invention, and many processes are involved. While it is possible to file it yourself, hiring an experienced patent attorney or agent is your best bet.