How to Apply for a U.S. Patent

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By openwater diver

This is a patent number for Fender Guitar

Fender guitar patent number
Fender guitar patent number

Applying for a Patent

 
 
       What is a patent?  it is the exclusive right to market an invention given by the United States Patent and Trademark Office. 
 
 
 
 
 
 
    Filing a Patent can be costly, from $4000. 00 up to $ 8000. 00 depending upon the compexity of the patent.
 
 
 
    The Three Types of Patents are:
 
 
 
 
 
 
 
 
 
  1. Utility Patent may be granted to anyone that invents or discovers any new or useful process, machine, article of manufacture or composition of matters. Also any new or useful improvements of the invention.
  2. Design Patent may be granted to anyone that invents a new, original, and ornamental design for an article of manufacture.
  3. Plant Patent may be granted to anyone that invents or discovers and asexually reproduces any distinct and new variety of plant.
  • A provisional patent is a quick and easy way to establish early filing date for a patent application. The provisional patent is only good for 12 months and is at a nominal cost. For this the Claims and Oath or Declaration are NOT required. The term "Patent Pending " made be used with the invention. The 12 months will not take away from the 20 year protection of a non-provisional application.

This is the link to the United States Patent and Trademark Office. There you can find useful information about how to file a patent application, or checking the status of an application. Plus a lot of other things to help the inventor. http://uspto.gov/ A non-provisional patent application is made to the Director of the USPTO , and must include the following information: A non-provisional patent is more complicated, and includes a written document that states the specification (description of Claims) and a Oath or Declaration .

  • A drawing of the invention when necessary.
  • Filing, search, and examination fees.
  • The specifications must conclude with a claim pointing out and distinctly claiming the subject matter in regards to the invention.

Once a Patent is Approved there are a schedule of maintenance fees due at 3 1/2 , 7 1/2, and 11 1/2 years to keep up the patent. Failure to pay these can result in the patent expiring.

A patentee must also mark the invention with the words "Patent" with the patent number in order to protect the invention, If there is an infringement of the patent the patentee must notify the person that is infringing on the patent, or the patentee will have no way to recover damages lost.

I would strongly advise anyone looking into using an patent attorney/agent to check the credentials of the company that you use. Try not to use these companies with the late night infomercials. I will not mention the name of a certain company in Colorado that I trusted with $ 7000. 00 , the only thing that was submitted to the USPTO was a disclosure sheet which is only good for 2 years. Make sure to follow up with the patent office, which will gladly assist the inventor. Good luck and keep the wheel turning.

 
 

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