How to Patent an Invention With the United States Patent and Trademark Office


With the development of modern technology, more people want to turn their ideas into reality. Many of you have great ideas, inventions, or products – but you don’t know what to do to implement them. The first thing is patenting. To get a patent with the United States Patent and Trademark Office, you need to follow a certain procedure. Here we will point out some guidelines that can help you.

Should You Patent Your Idea Or Invention?


The answer is always YES! Throughout the long history of science, inventions, and artistic and creative works – we have witnessed that many people were robbed for their inventions. This usually happens when you invent something and then share it with someone else – and at the same time, you haven’t patented your invention. That is why the issue of patenting an invention is a very serious matter that you should not overlook. A patent presents a form of protection for something you made and consider as your intellectual possession. It can be an idea, a work of art, a design, or a product you have created. By patenting, you protect yourself from others using your work and ideas – and sell them as their own. It also gives you the legal right to produce and sell your products.

Criteria For Patenting Inventions

Of course, not every invention can be patented just like that. First, you must meet some of the basic criteria.

● The invention must be legally permissible


Although this rule is obvious, any invention you design and attempt to patent must be legally permitted. Inventions that include or support illegal activities cannot be patented.

● Your idea must be explicable

Presenting the exact working and creation process of the invention is the hardest part of the patent application. Also, many patent applications require schematic views to help further explain your idea. If you can’t expound on how your invention works and how people should use it – maybe you should work on it more.

● Your invention must be significantly different from existing ones

It very often happens that an invention resembles an already existing one. However, this does not mean that your patent will not be approved. It only matters that there are some essential differences. In the eyes of the USPTO, such differences or improvements in a product, invention, or design – create an essentially new product. That is especially important if the new features increase the use of the current product or solve some problem it has.

How to Get a Patent?


If you fulfill the basic criteria for patenting inventions, you can start the procedure. Here you also need to follow certain steps to get the patent.

● Commercialization of patents

The issue with patents is that the idea itself cannot be protected. Why? Because the idea is not yet a finished product. Therefore, it is not considered a concrete product until it is embodied in production or performance. Experts recommend creating a business plan for the commercialization of the invention. The plan should include an assessment of the costs of development, production, marketing, and patent protection. Learn more about how you can solve problems that may appear in the patent recognition procedure. You must know that many applications never become a patent – even if you have invested a lot of time and money in the entire process. Therefore, find the help of experts with whom you can go through the advisory procedure – even before the actual application.

● Elaboration and presentation of the invention

Experts in this field suggest that you try to work out the idea in some way – whether it is a technical prototype or some kind of sketched solution. If the idea includes a technical solution – you must put everything on paper and make a structural concept of performance. The invention must be explained and elaborated on because only an idea – will not be not enough.


● Check already published patent applications

We recommend you check whether someone has already come up with the same or a similar solution before deciding to apply. You can search all published applications and recognized patents, trademarks, and designs. Know that the data is updated regularly – so you will have fairly realistic information about the current situation in the area to which your innovation belongs.

● Submitting an application

The process of patent registration starts with the submission of an application to the USPTO. Although the procedure of recognizing the patent itself may take some time – protection is conditionally achieved by determining the date of filing the application. With that step, you will get a legitimate framework for your future product.

● Publication of patent applications


If your application is neatly submitted with all the accompanying documentation – it remains to you only wait for an official confirmation. After the confirmation, your patent application is available in the database on the USPTO website. That confirms you have a patent – that is, it is the first part of the official procedure you need to go through to come to become an owner.

● Patent protection

This document is used as needed on a local and international basis and also in different periods. So, keep in mind your plans. Are they long-term or not? In that sense, you can protect yourself in the way that will suit you better.

● The document on patent issuing

This is the final step, where you finish the entire procedure. It is a procedure in which you get official confirmation and a patent document. We can also congratulate you here because you have successfully patented your invention.

The Bottom Line

Patenting is a great way to protect your invention. Still, you need to know that patent acquisition requires a lot of time. In the USA, thousands of applications are reported annually. In addition, this procedure requires a lot of effort and money. It is better to know what you are dealing with before submitting paperwork. That way, you will know you are on the right track to patent your invention.