How to apply for a patent

A U.S. patent gives the patent owner the right to exclude others from making, using, offering for sale, selling throughout, or importing an invention into the U.S. for a limited time. 

A new and useful invention—such as a machine, process, composition of matter, or an article of manufacture— may be eligible for a utility patent. A new, original, and ornamental design for an article of manufacture may be the subject of a design patent. Asexually reproduced distinct and new plant varieties may be the subject of a plant patent or a utility patent. 

If none of those describe what you would like to protect as intellectual property (IP), consider another form of IP protection, such as a trademark or copyright.   Answer questions in our IP Identifier to help identify your possible types of IP.

Before applying, make sure you know about patent application pendency and fees. Total pendency is the time it takes from the date the application is filed to the date the patent is issued or the application is abandoned. The fees involved depend on several factors, including the type of application, actions taken during the processing of an application, and fee discounts. Fees are necessary for the USPTO to examine your application, but do not guarantee a patent grant.

How much might it cost? How long might it take?

You generally cannot get a patent on an invention that is already publicly available. For instance, if it has already been patented, described in a printed publication, used publicly, on sale, or otherwise available to the public. An invention also generally cannot be patented if it is described in a published or patented U.S. patent application already filed by another inventor before you file an application. Before applying for a patent, search public records for inventions similar to yours.

You can hire a registered patent attorney or agent to prepare and to file a patent application on your behalf. 

However, if you plan to do so on your own, make sure you have everything you need to file a complete application.  Before you can file your application in Patent Center, you need to register as an eFiler. This requires creating a USPTO.gov account and going through a one-time identity verification process. All Patent Center users must verify their identity to prevent fraud and ensure that only legitimate, authorized users can file and access their own pending applications. Start this process early so your registration is complete by the time you are ready to file.

Become a registered eFiler Access Patent Center

Your application will be assigned to a USPTO patent examiner. The assigned examiner will review your application to determine if it meets the legal requirements to qualify for a patent grant. If you hired a registered patent attorney or agent to represent you, the USPTO will only communicate with the attorney or agent. The USPTO does not simultaneously correspond with you and a legal representative. 

Work with the patent examiner by timely responding in writing to office actions and other USPTO notices. In addition to these written responses, consider scheduling an interview with the examiner to discuss and resolve issues.

If the examiner determines that your application meets the legal requirements to qualify for a patent grant, you will receive a Notice of Allowance and Fee(s) Due. You must pay the fees shown on the Notice within three months from the mailing date of the Notice. Unlike many other deadlines during examination, this three-month period is not extendable. If you fail to pay on time, your application will be abandoned and you will not receive a patent.  

Your patent will be ready for issuance after timely payment of fees due and any other remaining issues are resolved. The USPTO issues electronic patent grants (eGrants), which are available through Patent Center. The term of a utility or plant patent generally lasts 20 years from the date the application was filed in the United States, subject to the payment of maintenance fees and any patent term extension, adjustment, or disclaimer. 

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