How to File the Patent Application

Home > Applying for a Patent > How to File the Patent Application

It's highly recommended that you not file the first copy of the patent application. Make a rough draft and do a preliminary search for prior art. Once that's completed, take your paperwork to whomever you're having do the final proof. This may seem time consuming, but will save you money in the end. Make sure you do understand all the risks of self-patenting. You may find it beneficial to read Patent It Yourself if you are considering doing the patenting yourself.

Although not recommended by professionals and experts, another option is to file a provisional patent application. The provisional patent application does not require writing claims, allows patent pending status, provides protection for one year is much cheaper. Keep in mind; however, that you must file a non-provisional patent application before the year is up. You may want to use this year to try to market and sell your product and, hopefully, make enough money to pay for your non-provisional patent.

A non–provisional utility patent application will include:

A written document with a specification (both description and claims) and a declaration or oath;
A drawing if a drawing is required;
The filing fee, which must be paid with the application, a fee when the patent is issued and regular maintenance fees which must be paid