How to get a patent granted [FAQ]

Last updated : Aug 24, 2022

How does a patent get granted?

Patents are granted by patent offices in exchange for a full disclosure of the invention. In general, the details of the invention are then published and made available to the public at large. It should be noted that publication can take place at various stages of the procedure.

How much does it cost to get a patents?

A patent can cost from $900 for a do-it-yourself application to between $5,000 and $10,000+ with the help of patent lawyers. A patent protects an invention and the cost of the process to get the patent will depend on the type of patent (provisional, non-provisional, or utility) and the complexity of the invention.

What is the easiest way to get a patent?

1. Step 1 – Verify the Idea is Eligible For a Patent.
2. Step 2 – Keep a Detailed Record of Everything.
3. Step 3 – Make a Prototype.
4. Step 4 – Apply For a Provisional Patent.
5. Step 5 – Hire a Patent Attorney.
6. Step 6 – File Your Patent Application.

Is it hard to get a patent?

Since patents are legal articles, they can be somewhat difficult to obtain. Patent applications vary from country to country, depending on what you're trying to get a patent for.

How can I get a patent with no money?

The Patent Pro Bono Program attempts to match inventors with registered patent agents or patent attorneys. These practitioners volunteer their time without charging the inventor. However, the inventor still must pay all fees that are required by the USPTO; these cannot be paid by the practitioner.

What are the 3 types of patents?

What kind of patent do you need? There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

Do patents expire?

Patent Expiration Utility patents expire four, eight, and 12 years after issuance of the patent if the maintenance fees are not paid at these points in time. The patent actually expires at 3.5 years, 7.5 years, and 11.5 years, but there is a six-month grace period in which to pay the maintenance fee.

How quickly can you get a patent?

According to the United States Patent and Trademark Office (USPTO), it takes about 22 months to get patent approval after going through the steps to file a patent. If you're eligible for a prioritized examination for plant and utility patents, known as Track One, you might get approval in six to 12 months.

How long does it take to get a patent?

In the United States, it takes an average of 24 months from the filing of a patent application to get a patent.

What is poor man's patent?

A poor man's patent is essentially writing out a description of your invention and then mailing that written description to yourself. This postmarked envelope supposedly acts to create the date of your invention as the date this written description was postmarked.

What are the 4 types of patents?

• Utility patent. This is what most people think of when they think about a patent.
• Provisional patent.
• Design patent.
• Plant patent.

What can and Cannot be patented?

• something that can be made or used (capable of industrial application)
• new.
• inventive – not just a modification to something that already exists.

What inventions can be patented?

Nearly anything can be patented. Machines, medicines, computer programs, articles made by machines, compositions, chemicals, biogenetic materials, and processes, can all be the subject matter for a United States patent.

How much is a patent pending cost?

What Are Patent Pending Costs? The cost to get patent pending status for your invention is around $1,500 without an attorney. If you hire an attorney, you can expect to pay $10,000 or more for a utility patent and $2,000 for a design patent.

How do I get my invention made?

1. Step 1: Document It.
2. Step 2: Research It.
3. Complete an initial patent search.
4. Research your market.
5. Step 3: Make a Prototype.
6. Step 4: File a Patent.
7. Step 5: Market Your Invention.

Does a poor man's patent hold up in court?

Even under the old system, i.e., the “first to invent” system, a “poor man's patent” standing alone, i.e, without a patent application, was worthless. You cannot access the court system and ask a judge or a jury to enforce a right that the U.S. Government does not even recognize as a right.

Can you sell an invention without a patent?

You are not required to obtain a patent in order to sell a product or service embodying your invention. Many products and services are sold that are not patented. A U.S. patent provides the right to stop others from making marketing, selling, or importing your invention in the United States.

Can I get paid for my ideas?

The short answer is yes. Companies may pay you directly for your ideas, and there are certain companies that are constantly looking for new ideas for their business or product lines. One way to get started is to do some research on your idea, and see if, in fact, it is a new, creative idea.

How much does a 20 year patent cost?

The full cost of obtaining and maintaining a U.S. patent over 20 years is in the range of $20,000 to $60,000. This sum is influenced by the type of technology being patented; the number of claims and drawings included in the application; the number and nature of rejections from USPTO; filing fees, etc.

When should I file a patent?

Under U.S. patent law, you must file your patent application within one year of the first offer to sell your invention, or within one year of your first public use or disclosure of your invention. This means that you must determine the first offer to sell date, or the first public disclosure date.

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what's up guys so today I'm going to be talking about how I got my first patent at 17 and also I'll be explaining how you can apply for your patent and get a patent on your product so this is what we're talking about a United States utility patent and I'm gonna be talking about the way I did it and I'll be only talking about what I know so I'll show it to you here this is the patent that was issued you could see there's a barbell there and this is the product that it was issued on the snap flips barbell collars so I'm gonna tell you about how I got my patent so the process that I follow - then I'll explain step by step what you would do to do the same thing so I started off with not a lot of money had like two hundred bucks and I was in high school and had this idea of a barbell collar that you could use to hold your weights in place so I had made some prototypes this is one of the prototypes here and I thought it was a good idea so wanted to file a patent on it and I wanted to file a provisional patent because a provisional patent is basically a time holder and it says hey I'm here I have this idea and I want to file a patent for it but I'm not quite ready yet so filing a provisional patent sets your spot in line and then you have 12 months from that date to actually file a real patent that can protect your product or idea so the way that I did it was I got some software online it was 150 bucks at the time now it's only 99 dollars for a year so it's called patent wizard put it up right here and you go on patent wizard you download the software and you basically it asks you a bunch of questions like extended response questions about your idea how you make it what it looks like how it works you fill in all that stuff and then I don't know after a couple hours of doing it it prints out your patent for you and at the time I printed it out I mailed it into the USPTO the United States patent trademark office and my spot was saved in line now what you'd actually do is you would make an account online download it to your computer from the software and submit it online if you send it in through the mail now they actually charge you an extra two hundred bucks so it's not worth it so now you would just do it online anyway after I filed my provisional patent I started developing the product more making sure that there was a need for this type of product making sure that people wanted to buy it and I did find that people wanted to buy it so at that point I said okay we need to file an actual utility patent on this product I found some lawyers that were really nice and wanted to work with me and we went through a whole I mean it was a couple months turning our provisional patent that I wrote which I wouldn't necessarily recommend writing your own patent your own provisional patent but I didn't have another option at the time so that's what I did so we took my provisional patent and then we turned it into a utility patent filed it in the office and we actually got it it usually takes between one and three years to get your utility patent issued we filed for expediting the whole patent process it was we paid $6,000 for it looks like it's only a thousand to two thousand dollars now so must have gotten cheaper and what that does is instead of waiting between one and three years it gets done in one year so provisional patents one year and then you file your utility patent after that and in one year you have either an answer yes we have a pet we'll give you a patent on this or no we're not going to give you a patent on this because someone's already made something like this before so after I think it was like eight months or something we had heard back they said we think that you could get a patent on this but you there's some stuff that you would need to change in order to get your patent so we made a couple tweaks to the patent and then it finally got issued we paid some more fees and then we were finally issued a United States utility patent which protected the product and we were basically ready to launch and start selling the product on the market so that's how I did it super quick little you know story about it there's a lot more to it but now I'm going to talk about how you can actually do it so the first step in the process when you're trying to file your patent and the way that I'm going to do this is I'm gonna tell you to file a provisional patent first if you want to go directly in the utility patent more power to you you do that but this is how I did it so first you do a patent search you could go on uspto.gov and you search patent search and then you basically type in descriptive words about what your product your idea or whatever you're trying to patent what it is and you look it up you you look at there you see if anyone has made something or gotten a patent on something similar look on Google see if there's anything similar to what you're doing if you find something similar to what you're trying to patent you're not gonna be able to patent it because someone's already thought of it before in order to get a patent you have to think of something completely new that no one has created before it's never been publicly posted anywhere and no one knows how to do it you're you're the first one that's making this thing so that's the big thing you need to do a patent search and if that checks out and you don't find anyone that's made anything similar then you can go on to the next step you need to figure out what kind of patent you're gonna file you file your provisional first then 12 months past now you're getting ready to actually file your real patent what you need to decide is is it going to be utility is it going to be a design is it going to be a plant patent if it's a product or a new way to do something it's most likely going to be a utility patent so we're gonna be talking about utility patents then what where do you want to file a patent is there just gonna be in the US or is it going to be globally I don't know about filing patents globally so I'm not going to talk about it I'm just going to talk about filing a patent in the US it's gonna be a non provisional patent because you've already filed your provisional patent and the twelve months has passed and it's come time you know maybe like 11 months is passed and it's now it's time to file your actual patent your non provisional utility patent so then you need to decide are you going to expedite it or are you not going to expedite it if you expedite it it's going to get done in one year if you don't expedite it it can still get done in one year but it could take up to three years so that's a choice that you're gonna have to make which comes with a fee the fee is between 1,000 and 2,000 dollars - depends on if you're considered a micro entity or a small entity then who should file it so for the provisional patent I filed that by myself if you have the cash it's probably better to have an actual lawyer file your provisional - but if you don't have the cash and you don't have another option file the provisional yourself but once you get to the actual non provisional once you get to your u

Thanks for your comment Lacy Guillette, have a nice day.
- Carla Dorgan, Staff Member

hey pat and friends welcome back to another video coming to you today from puerto vallarta mexico i'm on vacation working remotely a bit and you probably see a lot of videos from where tomorrow it seems like that's when i have time to make these videos uh you know it's when i'm chilling and hanging out and kind of a fun time to do it but yeah so in this video i want to talk about getting your patent application unstuck so does this sound familiar to you you've been going back and forth with the examiner you don't feel like you're getting anywhere it's costing you a ton of money and you feel like you're hitting the dead end stick around and watch the rest of the video because i'm going to give you a bunch of tips on how to get your patent application unstuck and take it from being rejected and rejected and rejected to being allowed and doing so cost effectively so stick around we are starting right now so for those of you who are new here my name is dylan adams i'm a patent attorney and i represent clients of all sizes from garage inventors to startups to shark tank companies to fortune 500 companies as well i'm also the author of the best-selling book patent's demystified which is an insider's guide to protecting ideas and inventions used by inventors entrepreneurs and startups worldwide including at top universities like harvard stanford and mit you might also recognize me from my appearance on cnbc as well this channel is all about giving insider tips and tricks on the patent process and for startups and bringing your ideas and inventions to fruition so be sure to subscribe hit that little bell icon if you want more content about that all right let's go ahead and get right into it okay so the first thing to reel about realize about the patent process is that sometimes it is time consuming it is difficult and so sometimes what you're experiencing is just a natural part of the process okay you could get a bad examiner or it just could be taking a long time because of how the application is set up or they have to do a lot of prior searches so it's not always an issue sometimes it's just the natural course of things so if you've only been you know been rejected maybe two or three times honestly that's pretty average and i wouldn't worry about it too much it's only if you feel like you're not getting anywhere and you know there aren't positive signs about what's going on that's where you really should be concerned about it so one of the first things and hopefully you're already doing this is you really should work with the patent attorney if you feel like you're getting stuck i see a lot of people uh you know just going back and forth with the exam or not getting anywhere because they don't understand what amendments to make what arguments to make and just how to frame things and before you say hey well dylan of course you're a patent attorney you want my business so of course you're going to say work with a patent attorney let me just tell you okay on principle if you contact me and you want to work with me after watching this video out of out of principle i will not work with you so i'm trying to just give you sort of the real scoop on what to do and you know and try to be you know real about things like this so you know again i won't work with you i'm not trying to you know get your business uh from this video but like so like i'm saying working with a patent attorney that's a really great way to get your application unstuck patent attorneys they know what to look for a lot of times it can be really really simple things that can take an application that's been rejected multiple times to being allowed the next round okay so one of the best things that i could say that you can help get your application unstuck is conduct an examiner interview and essentially what that is is where you schedule a time to talk with the examiner and usually it's going to be with your patent attorney i wouldn't suggest inventors doing that themselves unless you're doing it by yourself which again i wouldn't necessarily recommend you know so you have your patent attorney conduct an interview with the examiner and if they do it right a lot of times they can say they can talk things and say hey you know what do you notice in here what are the problems how can we get over the rejections how can we move this case forward and ask the examiner for their opinion a lot of times that's how i can get stuff allowed really really easily it's just talking the examiner and saying hey you know what do you see here what are your thoughts on this you know and and and just getting them on your side and then you can really get the case unstuck and a lot of times you move it to allowance substantially faster another thing is during examination you if you feel like you're getting stuck and especially if your attorney has just been making arguments and arguments and arguments try making some claim amendments even if they're just sort of clarifying things a lot of times you kind of want to give the examiner a win and instead of just arguing and arguing make some claim amendments um that that can really change things by that i mean so the claims are really where the examination is the claims are so those weird little single sentences at the end of the patent application that are worded in a weird sort of way if you add content to that if you sort of make the claims more narrow it helps get around the prior or sort of clarify things and that can really help get the application unstuck if you're having problems so another thing i notice is that sometimes and attorneys can really do this too they really get stuck on one point and they're really just going about things one single way they say the examiner's wrong about this and you know i need to fight and i need to fight and i need to prove that i'm you know i need to prove that i'm right i'm going to appeal and do all these things you know sometimes it just makes sense to change tact do something different you know there are a lot of ways to allowance instead of feeling like you need to be right and you need to prove to the examiner that you're right on this point you know go about it another way like i use the analogy of of judo and i you know i'm i'm not a martial eight guy and this may be totally wrong tell me in the comments down below if this is a bad analogy but so my understanding with judo is you kind of use your enemies energy against them and i guess the analogy there would be is you know if the examiner's coming at you and you're battling and you're you know fighting each other just kind of go around that you know it's like go you know find the path of least resistance where things are easier there's always another way around it so i have this a lot where uh you know i'll take over cases from somebody else or even internally where i'm you know there's there's other attorneys in in my firm and we pass the case off a lot of times the easiest thing to do is just change course and try something new and that can get you get you to allowance pretty quickly so another thing is so for instance you know i talked about making amend

Thanks settlingsC your participation is very much appreciated
- Carla Dorgan

About the author

Carla Dorgan

I've studied institutional economics at Midwestern University in Downers Grove and I am an expert in macroeconomics. I usually feel thankful. My previous job was order clerk I held this position for 19 years, I love talking about groundhopping and computer programming. Huge fan of Sam Elliot I practice horse racing and collect automobilia.