How to obtain patent in us [Expert Answers]



Last updated : Sept 7, 2022
Written by : Deangelo Hanohano
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How to obtain patent in us

Is it easy to get a US patent?

If easy means getting a patent without any rejections, then only 11% of utility nonprovisional patent applications get allowed without any rejections according to this Yale statistical study. So getting a utility patent will not be easy in most cases.

How much does it cost to apply for a US patent?

A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention.

Can a non US citizen obtain a US patent?

A non-citizen will apply for a U.S. patent in much the same way as a citizen will. You should check whether your invention is capable of being patented, and then you should gather necessary information and documents. You will file your patent application with the United States Patent and Trademark Office (USPTO).

How long does it take to get a patent in the US?

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

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 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.

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.

Is it difficult 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 long is a patent good for?

Patent protection is granted for a limited period, generally 20 years from the filing date of the application. Is a patent valid in every country? Patents are territorial rights.

Does a U.S. patent cover the world?

Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no effect in a foreign country, an inventor who wishes patent protection in other countries must apply for a patent in each of the other countries or in regional patent offices.

Who can file a U.S. patent?

Who can file for a patent? With the exception of officers and employees of the USPTO, anyone who invents or discovers something that qualifies for a patent may file for one.

Can Indian file patent in USA?

For example, an Indian entity can directly file a patent application in US (for example) without filing a patent application in India.

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 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.

Can I patent an idea?

Many people ask: can ideas be patented? The short answer is no. Unfortunately, despite what you may have heard from late night television commercials, there is no effective way to protect an idea with any form of intellectual property protection. Copyrights protect expression and creativity, not innovation.

How can you make money with a patent?

  1. Start a business: Product conversion.
  2. License your patent.
  3. Use a patent licensing company.
  4. Use it as collateral for a bank loan.
  5. Sell off your patent rights.
  6. Sell to a business that's expanding to your country.

How do I file a patent myself?

  1. Keep a Written Record of Your Invention. Record every step of the invention process in a notebook.
  2. Make Sure Your Invention Qualifies for Patent Protection.
  3. Assess the Commercial Potential of Your Invention.
  4. Conduct a Thorough Patent Search.
  5. Prepare and File an Application With the USPTO.

What is not patentable?

Plants and animals in whole or any part thereof other than microorganisms. Mathematical or business method or a computer program per se or algorithms. literary, dramatic, musical or artistic works, cinematographic works, television productions and any other aesthetic creations.

What is the benefit of owning a patent?

A patent gives you the right to stop others from copying, manufacturing, selling or importing your invention without your permission. See protecting intellectual property. You get protection for a pre-determined period, allowing you to keep competitors at bay. You can then use your invention yourself.

How much is a trademark?

No matter how you file, you will pay a minimum of $250 to apply for a Federal trademark. But considering the importance of your trademark, and the potential complexities you face when filing, it's not a bad idea to use a lawyer or filing service.


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How to obtain patent in us


Comment by Avery Sawlivich

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 Avery Sawlivich, have a nice day.
- Deangelo Hanohano, Staff Member


Comment by TurmbergB

how can I get patent in us for my invention product software or concept this is the most common question raised in mind of someone who becomes interested in knowing more about getting patent in u.s. for their invention this question comes from every sector age and industry you can imagine you may be an entrepreneur or business owner with an idea concept or innovative product to be patent a research scientist with a research project or composition to be patent professional or an employee with a new software or mechanical device to be patent or a student with an intent to learn more about getting patent in u.s. for your innovative ideas and products probably you're influenced by reading about patent and news or articles like millions of dollars raised by an innovative startup which has a granted patent or patent pending for their unique invention and that made you think whether that idea you have in mind is really worth winning a patent area is covered one what are the steps in getting patent in u.s. two can my idea win patent in u.s. is it patentable three cost procedure and timeline to get patent in u.s. four things to consider when selecting write patent attorney you may get a lot of information on many places online blogs websites books etc but it's not always very clear to the reader as every person is coming from different background motivations and mindsets and moreover just like any other law patent law also involved certain degree of complexity influenced by case law etc so best advice would be get patent attorney involved for writing and filing patent application for your invention writing a patent application also known as patent drafting is a specialized job and it requires years of practice and experience especially when we are talking about writing claims for the patent application patent is a techno legal document the common observed mistake by inventors writing patent application on their own his writing Atkins to technical side only like a PhD thesis what is a patent and how can we protect your invention by means of patent as per definition the patent is an exclusive right granted for an invention in other words if you have an invention like new and technical solution to a problem a novel product or process a new way of achieving better results with some technical advice having a patent on your name for an invention gives you the right to decide if the invention can be used by others and on what terms having a granted patent in us for your invention gives you right to exclude others from making using offering for sale selling the invention in the United States importing the invention into the United States point to be remembered here is it is right to exclude others that is you can stop others hence it is your patent owners responsibility to enforce the patent and stop others from copying your patent invention without your consent or permission something called patent infringement cost time line and procedure to get patent in u.s. how much is the cost of getting patent in u.s. there is no precise and accurate answer to this question as cost for obtaining patent is dependent on multiple factors what best we have is range for costs involved in there are two elements for cost of getting patent in u.s. the cost for Patent Office USPTO fees for forms and requests professional charges for patent professional patent agent attorney let's see if these fees and charges involved in getting patent in the US in step by step and easy to understand manner before we proceed one question almost certainly hits inventors minds at least once in the process of getting patent for his invention is if I'm the creator of the invention I know it inside and out I can describe it in detailed manner then why patent attorney charged so much fees just to write my patent application in right format to get quick and self-evident answer to your question check our section on why patent attorneys charge so much fees just to write my patent application in right format on patent attorney worldwide com as a matter of fact patent attorney professional charges is the most expensive component which drastically varies based on complexity of the invention to be patent field of invention and the expertise of the patent attorney government fees too are different for an individual inventor micro entities small entities and large entities and fees for patent application also defers based on number of claims and charges for professional drawings etc so a lot of factors need to be considered when talking about cost involved in getting patent in US yet to give you an idea the cost to get patent in u.s. is approximately five thousand to twelve thousand dollars this is assuming that you have hired an experienced patent attorney in us who was right fit for your patent requirement for patent research writing and filing patent application for your invention selecting right patent attorney for your invention at right cost can be more complex process than you would have imagined for details please check our guidelines about the process of selecting right patent attorney in US for your invention on patent attorney worldwide com stage-wise cost and time required for getting patent in u.s. the cost for getting patent requirements in stages as your invention proceeds from novelty search about $2,000 patent drafting and filing in u.s. about $8,000 and after one to two years of responding to office actions if any objections are taken by controller in examination report on application about your invention such response to office actions typically cost about $1000 note these costs are mentioned as exemplary and may vary with respect to patent attorneys and companies now let's see the stages of getting patent in detail we are assuming you have hired a patent attorney helping you with patent writing and patent filing stage one invention disclosure this is initiation phase where you inventor disclose your invention to the patent attorney you selected to work with by signing a nondisclosure agreement this agreement is to ensure the confidentiality of your invention and there are no charges for signing NDA when writing invention disclosure for your invention you should submit each known fact about your invention description diagrams and experimental results if any hold nothing back the disclosure of the invention must be described in substantial details includes pictures flow charts diagrams wherever applicable optionally includes experimental data proving novelty and non-obviousness charts and tables about research and development this helps patent attorney in patent research as well as drafting process stage 2 novelty search patentability search simple invention $1000 complex invention $1500 very complex invention $2,500 in this phase patent professional performed an extensive search for prior art in all possible databases for patent articles thesis etc and builds a patentability search report based on closest prior art found for your invention although an optional step doing novelty search for your invention can really save you thousands of dollars from involving and patent process fo


Thanks TurmbergB your participation is very much appreciated
- Deangelo Hanohano


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