A utility patent is granted for a new, original working product that has specific benefits for society, or a significant improvement on an existing useful process or product. Patent protection offered by a utility patent lasts for 20 years from the day the patent is granted. This is the most common type of patent.
Apply for a design patent if you have an invention for a new, often ornamental design on an existing product or process that doesn’t change the function of the original product. A design patent lasts 14 years from the date granted. This prevents other parties from copying the unique look of your product.
A plant patent is used for a new strain or variety of plant that you have developed through asexual reproduction. Protection for a plant patent exists for 20 years from the original patent application date.
Make sure your idea is original. Search through past patents on inventions similar to yours to make sure your idea is actually patentable. Don't waste time and money developing an invention that someone else has already patented. Searching through the huge database of patents can be a complex and trying task, but it is necessary to make sure someone hasn't beaten you to the idea.
Search the USPTO website. Here you can look for similar inventions using key words that describe the invention or that might be used in articulating how the invention works.
Google also has a patent search that you can use to explore existing patents.
Visit a patent depository library in your area for access to numerous records and databases that are free to the public. Librarians with specific knowledge on patent searches can assist you with your research.
Consider a provisional application. A provisional application is used when you want to secure your idea from theft while you are still hammering out the details of your invention. Filing one gives you a year to develop your product or get funding and help to file a more extensive non-provisional patent. Once you file a provisional application, you can claim "patent pending" while you set up for the real application.
Fill out the appropriate patent application. Include pertinent information, such as a detailed description of the invention, how the invention works and the usefulness of the invention to society. Your patent will often include drawings and schematics—any technical details needed to describe and produce your invention. Make sure to have your lawyer look it over to be positive everything is in order.
Include the names of all inventors associated with the specific invention and their addresses and the official name of the invention.
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