How to Get a Patent: Steps and Strategic Protection

Three primary types of patents exist in the United States patent system. Utility patents protect new machines, processes, compositions of matter, and improvements to existing inventions, offering protection for fourteen years from issuance. Design patents protect the ornamental appearance of an article, lasting fifteen years from the patent issue date. Plant patents protect new plant varieties that are asexually reproduced, providing twenty-year protection from the filing date. Selecting the appropriate patent type depends on the nature of your invention and your long-term business objectives

Before pursuing a patent application, conduct a thorough assessment of your invention's patentability. This assessment should evaluate whether your invention is novel, non-obvious, and useful as required by United States patent law. Performing a preliminary patent search helps identify existing patents and published applications that may affect your invention's eligibility for protection. Consulting with patent professionals during this stage provides valuable guidance on patentability and strategic considerations for your specific invention.

The specification section of your patent application must provide a written description of your invention that enables others skilled in the relevant field to understand and reproduce it. Your application should include detailed drawings with reference numerals identifying key components and features. The claims section defines the legal boundaries of your patent protection, with independent claims establishing the broadest scope of protection and dependent claims providing narrower alternatives. Each element of your application must comply with United States Patent and Trademark Office requirements to avoid rejection or delays during examination.

After filing your patent application with the United States Patent and Trademark Office, the application enters the examination process. A patent examiner reviews your application to determine whether it meets all legal requirements for patentability. The examiner may issue office actions requesting clarifications, amendments, or responses to rejections based on prior art or legal deficiencies. Responding to office actions within required timeframes and making appropriate amendments to your claims helps move your application toward approval. Patent prosecution and portfolio management services guide inventors through each examination stage, ensuring effective communication with the patent office and strategic claim amendments.

Patent law requires that your invention be novel and non-obvious to qualify for protection. Novelty means your invention differs from every single prior art reference, including all previously issued patents and published applications. Non-obviousness requires that your invention represents a meaningful advancement that would not be obvious to someone with ordinary skill in the relevant technical field. The United States Patent and Trademark Office evaluates these standards during the examination process, and patent examiners may reject applications when prior art appears to anticipate or render obvious the claimed invention. Meeting these standards strengthens your patent's enforceability and protects your competitive advantage.