How to File a Patent on an Idea
- 1). Make sure that your idea meets the qualifications required of a patent. USPTO sets forth several definitions required of inventions that request a patent including that the invention must be novel, have some usefulness and contain a process for producing some result. The USPTO provides a list on its website at USPTO.gov of all the requirements and tests that a product idea should meet.
- 2). Search through databases of patents to see if someone already has your idea patented. Google's patents search engine at google.com/patents contains a database listing of more than 7 million patents, which you can read and review. The USPTO also contains a database listing on its site of all issues and pending patents.
- 3). Create a prototype of your idea because a patent cannot be filed on an idea alone. Write down detailed instructions on the materials and processes used to construct the prototype. Maintain a journal that contains detailed records of all the steps you took and modifications made during the process as these will be important when filing a patent.
- 4). Write down the important aspects about your product. Give your invention a name. Write down the background of your invention, including how you got the idea for it and any inspirations from existing products. Write the detailed "claims" for your invention; the claims are what you say that your invention can do or accomplish. Prepare a product description, including what its structure looks like and how it operates. Create an illustration or drawing showing how your invention works.
- 5). Obtain a customer number and digital certificate to begin the patent electronic filing process. Download and complete the appropriate "Customer Number Request" and "Certificate Action Form" from the USPTO website. Mail these forms to the Commissioner for Patents office. Wait for your authorization codes and reference numbers to arrive.
- 6). File the patent application through the USPTO's private EFS website. Use your codes to access the private site for electronic patent filing. Complete the application. Be as thorough as possible about your patent idea, how your prototype works and any other information required of the application.
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