How to file a patent for an invention

It’s imperative that any inventor secures a patent for their work.  Having a patent essentially prevents your invention from being used by others for profit.  In other words, a patent gives you government protection for your invention, allowing you to sue anyone who infringes upon your idea for their own benefit.

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Filing a patent can get quite complicated and, in some instances, a patent application may be outright rejected, so it is essential to seek the help of an expert intellectual property lawyer before you actually file one.  Your attorney can aid you in both drafting and filing the patent following the correct procedures and via the proper channels. 

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Go to the website of the U.S. Patent and Trademark Office (USPTO) and study carefully how the process works, as you don’t want to fill out an incorrect application form.  This is because there are three patent types you can apply for: design patents (which cover non-functional sections of articles or items, like ornamental shapes), utility patents (inventions with a distinct function), and plant patents (which are secured by those in agriculture and are done for asexually reproducible plants). 

Filing a patent can be done online through the USPTO website, by regular mail, or even by fax.  Note though that you cannot file a patent by e-mail.  It’s also important that one never confuses a patent with other intellectual property right types (copyright, trademark, and trade secret).

Finally, keep in mind that it may take a while for your application to be granted (in some cases, over three years).  So, if you’re filing for a utility patent, it’s safe to say that you’d have a sole patent right for your invention for around 17 years, as this patent type expires after 20 years.

Peter Zieve is a devoted husband, father, entrepreneur, engineer, and leader. As an inventor-innovator, he is the owner of 23 patents, and is the CEO of Electroimpact, Inc. For more posts on invention and innovation, go to this page.