A patent grants the inventor exclusive rights to make, use, and sell an invention for a limited period. The USPTO issues three types of patents: utility patents (how something works), design patents (how something looks), and plant patents (new plant varieties).
27 steps across 6 sections
1. Prior Art Search ($500-$3,000)
- Free search tools: Google Patents, USPTO Patent Full-Text Database (PatFT), Published Applications Database (AppFT)
- Professional search: $500-$3,000 through a patent search firm
- What to look for: Prior patents, published applications, foreign patents, academic papers, and any public disclosures of similar inventions
2. Prepare the Application
- Specification - Detailed written description of the invention
- Background of the invention
- Summary of the invention
- Detailed description of preferred embodiments
- Must enable a person skilled in the art to make and use the invention
- Claims - The legal definition of what the patent protects
- Independent claims (broadest protection)
- Dependent claims (narrower, backup positions)
- Claims are the most important part — they define the scope of your rights
- Typical applications have 20 claims (3 independent + 17 dependent)
3. USPTO Examination
- First Office Action typically issued 12-18 months after filing
- Examiner reviews for novelty (Section 102), non-obviousness (Section 103), and utility (Section 101)
- Most applications receive at least one rejection (Office Action)
- You have 3 months to respond (extendable up to 6 months with fees)
4. Respond to Office Actions
- 102 rejection (lack of novelty) - Your invention is identical to prior art
- 103 rejection (obviousness) - Your invention is an obvious combination of prior art
- 112 rejection (enablement/written description) - Specification does not adequately describe or enable the invention
5. When to File Provisional
- You need to establish priority quickly (e.g., before a public disclosure, trade show, or investor meeting)
- The invention is still being developed and you want time to refine it
- You want to test the market before committing to full patent costs
6. Requirements
- Written description of the invention (detailed enough for someone skilled in the art to make and use it)
- Any drawings necessary to understand the invention
- Cover sheet identifying it as provisional
- Filing fee: $325 / $162 / $81 (large / small / micro entity)