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Everyone says get a patent, I know but thats where you lose me, I dont know how to do that.

2006-11-29 04:56:14 · 4 answers · asked by Male16 3 in Business & Finance Small Business

4 answers

If you are in the US, you go to the US Patent and Trademark Office to get a patent. http://www.uspto.gov/web/patents/howtopat.htm UPTO has a page on the Basic Facts of Patents that you may want to read http://www.uspto.gov/web/offices/pac/doc/general/index.html

Note though that getting a patent is a complicated and costly process. It is best to work with a patent lawyer to help you navigate the process. The cost of filing a patent can go anywhere from $10K to $35K depending on the cost of your lawyer and what it is you are trying to patent

2006-11-29 05:02:56 · answer #1 · answered by imisidro 7 · 0 0

NOLO is a great, free informational site. Also, be sure to read what else the USPTO (United States Patent & Trademark Office) has to say about patents.

Research, research, research – this cannot be stressed enough. Read as much as you can. Here are some book titles that are relevant:

* Patent It Yourself (11th Edition) by David Pressman
* Patents and How to Get One : A Practical Handbook by U.S. Department of Commerce
* How To Make Patent Drawings Yourself: A Patent It Yourself Companion by Jack Lo
* The Inventor's Notebook: A Patent It Yourself Companion by Fred E. Grissom

There are plenty of free informational resources out there. Check the source box for links to articles.

Hope that helps! I wish you much success & happiness in all your ventures!

2006-11-30 06:37:36 · answer #2 · answered by TM Express™ 7 · 0 0

In order to obtain a patent you need to file a patent application with the United States Patent Office. While there are forms you will need to fill out and include with the patent application, the actual application itself is something that must be written from scratch.

You can either file a provisional patent application or a non-provisional patent application.

A provisional application allows for filing without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement. The beauty of the provisional is that it locks in your priority date. In other words, your filing date for any later filed non-provisional ("regular") application will be that of the provisional. Additionally, filing a provisional patent allows the term "Patent Pending" to be applied, which can have significant marketing advantages. Furthermore, the filing of a provisional application is considered to be a patent application, which probably seems obvious, but which is exceptionally important under the patent laws of the United States. This is critical because in the US you can become prevented from filing a patent application if certain things have happened more than 12 months prior to the filing of a patent application. For example, if you sell a product for more than 12 months prior to filing an application you lose the right to obtain a patent. If, however, you have filed a provisional application less than 12 months after you start selling then you are fine. So, the moral of the story is that provisionals not only lock in your application date, but they also stop the running of any legal time bars (so-called statutory bars) which could otherwise prevent you from obtaining a patent.

A provisional application for patent lasts only 12 months from the date the provisional application is filed. The 12-month pendency period cannot be extended. Therefore, an applicant who files a provisional application must file a corresponding non-provisional application for patent (i.e., "regular patent application") during the 12-month pendency period of the provisional application in order to benefit from the earlier filing of the provisional application.

A non-provisional patent application is what is commonly referred to as simply a patent application. When you file a non-provisional application your application will be preliminarily reviewed by a Patent Office employee to see if all of the parts of the application, including the filing fee, are present. In order to file a non-provisional application you must fill out a number of forms, and you also must create the patent document itself. There are no forms for the patent document, which makes it challenging for individual inventors and entrepreneurs. The patent document must include a specification (the written description of the invention), at least one claim and at least one drawing. Drafting the specification and the claims are what makes creating a non-provisional patent application a challenge. In terms of the patent drawings, while there is no requirement that you file formal drawings, there are significant advantages to doing so.

While you can file a patent application yourself many inventors seek the help of a patent attorney. Alternatively, there are services that help inventors do much of the work themselves. For example, IPWatchdog.com has a system that lets inventors create their own patent applications under the guidance of a patent attorney. The process leverages the inventors work with the coaching of a patent attorney, so cost is greatly reduced.

2006-11-29 05:06:39 · answer #3 · answered by ipwatchdog 2 · 0 0

Contact the United States Patent & Trademark office, Here is a link with plenty of info on forms, filings and fees, Best of luck
http://www.uspto.gov/web/offices/pac/dapp/pacmain.html

2006-11-29 05:11:56 · answer #4 · answered by Anonymous · 0 0

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