A step-by-step overview of a patent application and maintenance process.
- Get ready to apply
- Determine the type of IP protection you need.
- Determine if your invention is patentable
- Search to see if your invention has already been publicly disclosed by another party.
- Determine what kind of patent you need: Utility, Design, or Plant.
- Figure out how much your application will cost.
- Figure out if you need international protection
- Determine whether you should hire a patent attorney or agent
- File your application
- Create and validate your USPTO.gov account
- Prepare your application: Do you want to file a provisional or nonprovisional application?
- Submit your application
- Pre-prosecution: your application is reviewed for formalities and completeness
- Check the timeline with the First Office Action Estimator and the Patents Data Visualization Center
- Application Prosecution
- Receive your patent!
- Maintain legal protection for your invention
- Pay maintenance fees and check the status
- Record changes of ownership, address, or corrections.
Information adapted from the USPTO Patent Process Overview.