Guide to Applying for a Patent

Know your competition

Before committing the time and money required to apply for a patent, search for similar ideas, known as the “prior art,” to ensure that the invention does not infringe earlier patents in the same field of use.

I recommend: Search for issued patents and pending patents through the PTO database or the European Patent Office's worldwide database. PatentSearchExpress.com conducts worldwide patent searches and also evaluates your invention's patentability.

Write Your Application

A patent application consists of invention disclosures, specifications, claims and drawings.

I recommend: Most inventors employ a patent attorney or a patent agent. An attorney offers one-stop shopping, preparing and prosecuting your patent application, preparing license agreements, and representing you in court. A patent agent can file and see through a patent application but can't go to court or create contracts for you. Find an agent or attorney through the PTO's official list. For a fraction of the price, write your own application running PatentEase software on your PC or use the online services of LegalZoom.

File Your Application

Plant patent applications must be mailed but utility and design patent applications can be filed online.

I recommend: For paper filings, send your application and fee to the Commissioner for Patents, P.O. Box 1450, Alexandria, VA22313. File online using the PTO's EFS system or try the online forms from IP Intellifile. Filing fees can change so keep up-to-date at the PTO site.

Protect yourself while you wait

The patent process is very slow – you may have to wait 8 years or more for a decision. In the meantime, use the term "patent pending" or "patent applied for" on labels or descriptions for your invention. If the patent ultimately is granted, you can then refer to your "registered patent" along with the registration number. You can also file for a provisional patent, good for one year, if you have a hot idea you want more time to develop or shop around for investors. Before the year expires, file a formal patent application and you get to hold your earlier filing date.

I recommend: Apply for a provisional patent online using LegalZoom.

Protect yourself after you're patented

Can you afford $250,000 or more to prosecute patent infringers? Patent insurance will protect you. And don't forget to pay your fees to maintain your patent.

I recommend: Get a patent-protection insurance policy from World Intellectual Property Insurance Services. Mail your patent fee payments to the PTO or pay online. Software from FlexTrac can help you manage payments and other events related to your patent.