How To Get a US Patent

What Is A US Patent?

A US Patent is a legal document that provides the inventor with ownership rights. Having a US Patent allows the inventor “the right to exclude others from making, using, offering for sale, or selling” the invention, as stated in the US Patent statue. All patents are handled by the US Patent and Trademark Office and thus must be approved before they are made official.

Types Of US Patents

Depending on the specific invention you wish to patent, the US Patent and Trademark Office may require you to approach the situation differently. Below, you will find a list of the various types of patents and the descriptions of each:

  • Utility Patent – specifically used for the invention or discovery of “any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.”
  • Design Patent – the designated patent for the invention of “a new, original, and ornamental design for an article of manufacture.”
  • Plant Patent – encompasses any “invent[ion] or discover[y] and asexually reproduces any distinct and new variety of plant.”

Where To Get Forms To Apply For A US Patent

As each US Patent is different, there is no catch all form that can be used for all of them. You can find the forms that correspond to your specific patent type at http://www.uspto.gov in their forms section. Keep in mind, they do list older forms as well for reference so make sure you select the correct one.

How To Apply For A US Patent

There are two methods for applying for a US Patent:

  • Online Filing Method - EFS-Web is responsible for the electronic filing system of the United States Patent and Trademark Office. The website accepts all three variations of the US Patent listed above.
  • Direct Mail Method – If you manually fill out the US Patent form, you should mail it once completed, to Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

Cost Of A US Patent

Regardless of what method of submission you choose, the cost of a US Patent as of the time of writing this article is $20

FACT BOX
  • Website: EFS-Web
  • Direct mail: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

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