How To Get A Patent? 5 Easy Steps

The United States Patent Office handles issuing patents in the country. They must register your patent to obtain a patent, and you must apply. But first, let’s go back a bit before we get too far ahead.

An application describing the innovation must be filed with the US Patent Office to get a patent registration. The creation must also be patentable.


So determining if the invention is patentable is the first stage of getting a patent.

To be patented, the invention must be brand-new, original, inventive, helpful, and of suitable subject matter.

For an invention to qualify as new, it must not have been created before the patent application filing date. The invention also cannot be advertised, marketed, or made public for a while, more than a year, previous to the application filing date. The invention must not only be new or original but also be the subject of the first filed application covering it. This implies that the innovation must differ considerably from other, comparable, prior art inventions. If it is evident how the invention differs from what is already known, a patent application maybe rejected. For instance, changes in size or replacing one hue with another are often considered apparent enhancements and are not patentable.

The innovation must also be practical, patentable subject matter and original, and non-obvious. Useful refers to an invention’s ability to serve a useful function. Most innovations are beneficial. The term “patentable subject matter” is specified by the patent law, although most innovations, including those in the mechanical, chemical, and electronic fields, are acceptable. Though they have a bit more trouble, software, business processes, and biotech ideas can sometimes still be patented. In general, an innovation that is not an improvement on an existing machine, an object of manufacture, a compound, or a method is not patentable. In general, natural phenomena and abstract concepts are not included.

All prospective candidates are highly encouraged to hire a licensed patent attorney or agent to help them draft and prosecute their applications by the United States Patent and Trademark Office (USPTO). It takes knowledge of patent law, regulations, and USPTO practice and procedures to prepare a patent application, conduct the processes in the US Patent and Trademark Office to get a patent, and understand the scientific or technical issues related to the specific invention.


The second step is to carry out a patent search of some kind. A patent search may generally assist you in determining if your invention is novel and whether it is sufficiently novel to be patented. To ascertain if a patent is patentable, searching all prior patents and published patent applications maybe beneficial. Additionally, before filing, a patent search may assist in determining the right scope for the patent application. Although it is not necessary, conducting a patent search is a good idea.

For a novice inventor, doing an exhaustive patent search could be challenging. A registered patent attorney can therefore be helpful when conducting a patentability search. However, the USPTO will carry out its search once an application is filed as part of the formal inspection process, and in some circumstances, some inventors think this is sufficient.


The next step is to start putting together a patent application for filing after doing a patent search and being sure that the invention is both novel and not obvious. A patent application must be submitted to the US Patent Office to receive a US patent. Formal patent drawings are often created as the first step in the patent application process. Application drafting usually starts once the designs are finished and authorized.

A patent attorney often draughts the patent application, a formal legal document. An application for a patent includes:

  1. A detailed written explanation of the innovation that demonstrates how to create and utilize it;
  2. Any person trained in the relevant art should be able to produce and utilize the specification because it must be expressed in full, clear, concise, and accurate language.
  3. Additionally, it must outline the ideal way to implement the innovation; and
  4. It must end with one or more claims that specifically identify and clearly state the subject matter that the applicant considers to be their invention.
  5. Drawings should be supplied where essential for comprehending the subject matter sought to be patented.

The United States Patent Office issues licenses to patent attorneys so they can draught patents. Only a few attorneys are competent to take the examinations and tests necessary to obtain a license. Most patent attorneys are familiar with preparing a patent application and what information needs to be provided since they have US Patent Office licenses. A competent patent lawyer will devise a plan for preparing a solid patent and understand how to prepare a patent application. The patent attorney is beneficial in facilitating this while the US Patent Office makes the final decision about whether to grant a patent.

Utility patent applications often fall into one of two categories:

  • Provisional Patent Application: It might be confusing to refer to a non-provisional patent application as “Patent Pending” at times. Once an application has been submitted, a patent is still waiting. The US Patent Office does not analyze provisional patent applications; instead, they serve as placeholders for non-provisional applications that are filed later. One year after filing, a provisional application automatically expires. It can only be maintained by submitting a non-provisional application with a claim of precedence over the provisional application. The provisional patent application maybe less formal and incomplete because it is never examined. Only if the later claimed invention is sufficiently detailed in the provisional application is the later filed non-provisional application eligible for the priority advantage of the provisional application filing date. Design inventions cannot be the subject of provisional applications. A provisional application’s filing date is the day the US Patent Office receives a written description of the invention, attached drawings, and the filing fee.
  • Non-Provisional Patent Application: A non-provisional application is a complete utility patent that contains an abstract, drawings (if necessary), claims that sufficiently explain the invention, and an abstract as well as a written description of the invention (a type of summary of the invention). A power of attorney and the required filing costs are also submitted, along with an oath.


After submitting a patent application, the following stage is to answer any inquiries or objections the Patent Office may have if any. An Office Action is the common name for the Patent Office’s rejections. Each patent application is often unique. Some call for simple responses, while others require more work.

The US Patent Office might take three to five years to consider the application if everything was correctly filed. Following their assessment, they may decide to approve the application, reject it, or ask for more information regarding a specific application section. Typically, they will respond with an Advisory Action or an Office Action. In any case, you must reply to maintain the status of your application.

The US Patent Office extremely seldom grants a patent first. The patent office often issues a non-final rejection, which means that the patent is rejected, but the inventor is still permitted to make revisions to the application. The Prosecution Phase is the usual name for this stage of the procedure. The patent examiner often bargains with the inventor’s patent attorney during the prosecution phase on behalf of the US Patent Office on the patent’s boundaries. The resolution of the prosecution phase might take months or years. Sometimes the innovator gives up after growing weary of the talks. However, if the inventor wishes to proceed, a patent attorney can use various persuasive techniques to influence the patent examiner to approve the application. You can choose from various options, such as submitting revisions, after-final amendments, performing examiner interviews, submitting continuation applications, continuation-in-part applications, new applications, or even submitting an appeal.


The Patent Office will issue a Notice of Allowance if an agreement is reached with the patent examiner. It signifies the patent office has approved the patent. The inventor responded by filing the necessary documentation and paying the extra-governmental charge for the allowance. The patent term may potentially be extended for an additional period. While a notice of allowance indicates that the patent is eligible for approval, the patent will not be issued until the fee, and other documentation are submitted. The patent will typically become effective a few months after receiving the required fee and documents.

The inventor must pay maintenance costs to maintain the patent once granted. Additionally, some inventors find it advantageous to file additional patent applications before submitting the papers for the issue fee. This is advantageous if precedence to the original application filing date is available and requested.

To arrange a consultation with one of our patent attorneys, get in touch with us. We can also read about patents and the application procedure on our website.

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