How do I patent an idea? I live in New York.?

Question

I have an IDEA I would like to patent, I live in New York, what do I do?

Answer 1

It does not matter where you live, the process of filing for and obtaining the patent would be the same. You need to file with the United States Patent Office in Alexandria, Virginia. This is done by mail, and would be done by mail whether you hire a patent attorney or agent, or whether you decide to do it yourself.

Normally, the first step is to conduct a patent search to see if there is anything out there that would be to close to your invention. A search helps an inventor decide whether it makes sense to move forward. A search also better helps inventors know what is out there so that when they do describe their own inventions they can do it with an eye toward particularly pointing out what makes the invention unique in view of other inventions. A search is not required, but if you are trying to start the process right it is always a wise first step.

The next step would be (or if you decide not to do a search the first step would be) to file some type of patent application. Most individual inventors find a provisional application to be best to start. This will keep your costs down, but provide you with a patent pending, which protects you in several ways. First, it locks in your filing date, which is extremely important. Although in the US we are what is called a first to invent nation, meaning the patent goes to the first to invent, procedurally there is a significant benefit to being the first to file an application. Second, there are certain time tables associated with patent law, some of which act to bar your ability to apply for a patent. These bars generally speaking prevent you from applying for a patent more than 12 months after you or others have done certain things, such as sold a product related to the invention. Because others can create a bar without your knowledge it is important to file an application as soon as reasonably possible. You will still need to file a non-provisional within 12 months, but filing a provisional application buys you time to determine whether moving forward with the expense makes sense.

Alternatively, you could just start with a non-provisional application, which is an application that will ultimately lead to an issued patent, assuming the invention is patentable.

If you want to work with a patent attorney you can find the names of patent attorneys in your area (although working with someone in your area is not required) by going to the Patent Office website below. If you want to do it yourself there are several ways to proceed. IPWatchdog.com works with inventors to help them create and file their own patent application at a greatly reduced cost. You could also get a copy of the book Patent It Yourself, which may be helpful.

Answer 2

Do you want to copyright written material, which is considered Intellectual Property? If so, it is copyrighted as soon as it is written. See: http://www.copyright.gov/circs/circ1.html

If you want to get a patent for an invention: uspto.gov

What Is a Patent?
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.

The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.

Answer 3

First, write sown your idea, put it in a sealed envelope, and send it by registered mail to yourself, and anyone else you trust. Make sure that no one opens it. After you get it, and sign for it, file it safely away so you can prove when you thought of it.
Then call these guys:
Office of Information Services
Patent and Trademark Office
US Department of Commerce
Washington, DC 20231
800-786-9199 or 703-308-4357

Answer 4

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Answer 5

You could try a site called ehow.com. They have information on how to do just about anything. Good luck and best wishes!