Filing A Patent
How to file a patent for your creation
A patent gives you the exclusive right to create, sell or use a product, device or
process for a set period of time. Today utility patents are good for at least 17 years. Utility patents are the
most common kind of patents that people file.
First, determine whether your idea warrants patent protection. The Patent and Trademark Office (PTO) has an online
patent database at www.uspto.gov. It is important to use your judgment when
determining whether to file a patent.
Second, compose a written patent application. Your application should consist of a number of subparts required by
the PTO, which typically include a detailed description of the invention's structure and operation; a listing of
the attributes that set the invention apart from previous related inventions; a precise description of what aspects
of the invention deserve the patent; and a signed oath.
Next, make a drawing of the invention that shows all the invention's parts or aspects. You can either submit formal
drawings with your application or submit simple sketches until your patent is approved. At this point, you'll be
required to submit detailed drawings of your invention before the patent will issue.

Then, determine your filing fee by checking the fee schedule at the PTO Web site. The filing fee for utility
patents is $380 for independent inventors and companies with fewer than 500 employees and $760 for large companies.
Additional fees of more than $3,000 are common for getting the patent issued and maintaining its force.
After you’re finished getting everything in order, file the application, drawings or sketches, and fee with the
assistant commissioner for patents at the PTO.
Then, communicate with the patent examiner regarding the scope of your invention to see if it qualifies for a
patent. This usually takes more than a year.
Finally, if a patent is issued, pay the issue fee of $605 for small entities and $1,210 for large entities.
To get the earliest possible date for your invention, you may also file a Provisional Patent Application (PPA) for
$75. A PPA must contain a detailed description of the invention. However, it does not need to include most of what
must go into a regular patent application.
If you do file a PPA, you must file a regular patent application on the same invention within one year in order to
preserve the PPA's filing date.
To maintain your right to obtain a patent on your invention, you must file a regular or provisional patent
application within one year of the date your invention is publicly used in the United States, described in a
printed publication anywhere in the world, or offered for sale in the United States.
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