Patents - How to

by Chuck Crawford

Published on this site: April 8th, 2006 - See more articles from this month

So you have an idea or design that you think no one else has ever had. You want to move forward on the idea, but you also don't want anyone to copy your idea. What do you do? You need a patent.

You have heard of patents. You have an idea of what a patent is. But what protection does a patent really give you? How much does it cost? How long does it last? How do I know if someone already received or applied for a patent like the one I want to apply for? How do I apply for a patent? Should I hire a patent attorney?

In this article I will try to help you answer those questions and offer a little more insight into the whole patent application process, including how to research patents to see if there are ideas already patented that are similar to yours.

The first thing you need to do is define your idea onto paper. Use as much detail as possible. You are more likely to receive a patent when you include a lot of detail and avoid anything that is vague or too broad in concept.

Once you have done this, go to http://www.uspto.gov Click the link, on the left at the writing of this article, which says patents. You are not ready to apply for your patent yet, so scroll down to where it says, "Online Patent Searches".

You will have two options there. One reads "Issued Patents", and the other reads "Published Applications". You will be researching both, but begin with the most important, which is "Issued Patents".

Use the link there that reads, "Advanced Search". Type in all the terms you can think of that relate to what you want to patent. Use the option that reads, "1976 to present", as anything patented before that date will not matter in most cases.

Search the headlined results for anything that looks like it might be similar to your idea for a patent. Click those links that apply to you. Look at the way it is formatted as well as look to see if your idea is exactly like the idea that already has a patent issued for it.

The reason I said to take note of the format in which the issued patent is displayed is for you to look at the way you wrote down the notes of your own idea and compare them. Try to format the description of your idea similar to that of a patent that is already issued. Make sure you include all the same type of information they have formatted into their patent.

If you find someone else has already received a patent that is too similar to your idea, you have just saved yourself a $215, (at the writing of this article), patent application fee.

If you do not find any issued patents that are like the idea you wish to patent, then go back to the page that had the two options, "Issued Patents" and "Published Applications". Now click Published Applications, advanced search and repeat the process of searching for ideas that are similar to yours.

If you find one that is exactly like your idea, keep in mind that the first application for that patent will be granted over the newer one. It does not mean you cannot apply for it. If you can improve on your idea, then go ahead and apply. If their application is turned down for some reason like lack of detail, etc., your patent could still be issued.

If you do not find an applied for patent, then you can proceed to apply for a patent on your idea. The research part of the patent process is over. Go back to http://www.uspto.gov/ebc/index.html where you clicked on "Online Patent Searches" before and click on "Basic Initial Filing".

Fill in the fields for your name and email address, then choose the type of patent you are applying for. If you are not sure of the type of patent to apply for, go back to the home page at http://www.uspto.gov and look for the search feature at the top of the page and type in each type of patent with the word definition after it.

That search feature will produce results pages of documents only. In those documents you will find answers to any questions you may have about different types of patents.

If you are sure of the type of patent you wish to apply for, then proceed through the pages. The instructions are very simple. Good luck! I hope this article has helped you learn how to research and apply for a patent!

Chuck Crawford is an established webmaster interested in various topical research. If you would like more info on Patents, please visit his website at http://patents.thegiftedone.com
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