Patent Research

• Before applying for a patent, make sure your idea or invention does not already have a patent, the United States Patent and Trademark Office states. You can research patents that already exist on the USPTO website (patft.uspto.gov). If no one else has patented the same idea or invention, you can continue with the patent process.
  
  

Patent Types

• There are three types of patents for which you can apply: design, plant and utility. A design patent refers to the ornamental characteristics of an object, according to the USPTO. A plant patent relates to new varieties of asexually produced plants other plant found in an uncultivated state or tuber propagated plants. Utility patents are the most common type and are for ideas, processes, new matter compositions and machines. Once you determine the type of patent you need, seek the appropriate patent application from the USPTO.
  
  

International or Domestic Patent Protection

• You have the choice to patent your idea or invention exclusively within the U.S. or internationally. If you wish to file a patent that has global protection, you must file a patent through the Patent Cooperation Treaty. If you want to file within the U.S., you must file a non-provisional or provisional patent application.
  
  

Nonprovisional and Provisional Patent Applications

• A nonprovisional application is also referred to as a "regular" application and requires a minimum of one patent claim. It is more expensive to file a nonprovisional application because it is examined and processed by a USPTO representative. A provisional application, meanwhile, is like a placeholder and offers your idea or invention a limited amount of protection, as it is not a formal claim. When you submit a provisional patent application, you let the USPTO that you have an idea or invention that you want to submit within a year. A provisional patent application will not grant you the protection of an official patent, but it serves as a record of when you notified the USPTO of your idea or invention in the event someone else has the same idea as you within the following 12 months.
  
  When you fill out a patent application, provide as much detailed information as possible, including specifications, drawings, photographs, diagrams, how you make or assemble an invention and details about the idea or invention. You may consider including the origin of your invention and your inspirations. You will also need to submit an oath with your application that states you are the first person to have a particular idea or the original inventor of a product. The USPTO states you can use the aid of an attorney to file a patent.
  
  

Submission and Application Fee

• The USPTO suggests that once you complete your application, submit it electronically along with the application fee. However, you can mail the application to the USPTO Commissioner for Patents (P. O. Box 1450, Alexandria, VA 22313-1450). Fees vary based on the number of patents you seek to file, whether you represent a small entity and the method you chose to submit the application. A small entity is an individual or small business, while the regular fee applies to large businesses or corporations. In 2011, the basic electronic filing fee for a provisional patent application for a small entity was $82.