What You Can Patent
A patent provides you with the right to keep others from making and selling your invention for up to 20 years. The most common type of patent, a utility patent, protects rights in new and useful processes, machines and other things. These patents also can protect rights in non-obvious improvements made to existing things. To determine if your invention is patentable, you must first research all previous patents and other publicly disclosed inventions to ensure that no one else has already patented something similar. Because this process can be difficult and complicated, the U.S. Patent and Trademark Office recommends hiring a registered patent attorney to conduct the search for you.Typical Filing Fees for an Independent Inventor
$625 - $825 for the filing fee with no more than 3 claims, which is non-refundable whether or not a patent is granted. This is the fee to have your application "examined" by the USPTO and your patent application may be rejected.Utility patents
Utility patents are for either a: process, machine, article of manufacture, composition of matter or an improvement of any of the above. Patent protection is also available for (1) ornamental design of an article of manufacture (design patent) or (2) asexually reproduced plant varieties by design and plant patents (plant patent).What Does Useful Mean?
The patent law specifies that inventions must be useful, which means have a useful purpose. Being useful also includes operativeness, meaning that an invention must operate or perform its intended purpose.Filing and Examination Process
The USPTO accepts applications filed electronically as well as paper applications delivered by mail. However, since 2011, the USPTO charges an additional fee for non-electronic applications. Fees cover the USPTO's cost to examine your application and are non-refundable regardless of whether the examiner grants your application. Fees vary depending on the size of your organization and the number of claims you make. Because the amount changes every year, the USPTO recommends checking the current fee schedule before you file your application. The backlog of applications means it can take one to two years before an examiner takes his first action on your application. If he rejects any or all of your claims, you have the opportunity to reply and amend your application before a final decision is made. If the examiner grants your patent, you must pay additional fees for the patent to be issued and published.