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.How to Find Out if Your Invention Idea is Already Patented
If you have an idea for an invention, before you patent it you should check to see if it's already been invented by some other inventor in the past. Though actually, whether or not it's been invented, what you'll want to do is find out whether it's been patented before with the USPTO (the United States Patent and Trademark Office). Here you'll learn how to search patents to find out if your invention idea is already patented or if you should redirect your brainstorming to another invention idea. Have a question? Get an answer from a lawyer now!The Three Different Types of Patents Issued By The USPTO
Utility patents may be granted to anyone who invents a useful process, a machine, an article of manufacture, or a composition of matter. Examples: fiber optics, computer hardware, or medications. Utility patent can be provisional or non-provisional. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. Examples: the look of an athletic shoe, a bicycle helmet, and the Star Wars characters. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plants. Examples: Hybrid tea roses, Silver Queen corn, Better Boy tomatoesHas someone else already done this?
As an inventor, one of your first thoughts when you come up with the Mother of All Ideas is probably, Has someone else already done this? The only way to know for sure if you're the first is through a patent search. The search will tell you if your idea has been patented already and, if so, whether the patent is still in force. Here's how you do it.Is my idea already patented?
Most inventors dont really want to find their invention in someone elses patent, so the spend 5 minutes looking and then declare that they can't find it. It takes longer than that. If your invention is a mouse trap, you might find it by searching for those words...but the killer patent might instead describe a rodent restriction device or an automatic small animal containment system. Look for it like you want to find it. Talk to a registered patent attorney for immediate advice on protecting your idea (in the form of a provisional patent) while you determine if it is worth pursuing, in view of a preliminary search of related inventions, patented or not. Even if you don't find any "patents" showing your idea used in an invention, it could still be unpatentable because someone else used it or described it before you filed your provisional application.