How-To: Submission of Patents

To determine if you can patent your invention, you will need to know the answers to a few simple questions. Go to our Patent FAQ page and enter these questions to learn more about the Patent Process -

• Who can apply for a patent?
• What can and cannot be patented?
• How do I know if my invention is patentable?
• How long does patent protection last?
• How much does it cost to get a patent?

Search to see if your invention has already been publicly disclosed

• You cannot get a patent if your invention has already been publicly disclosed. Therefore, a search of all previous public disclosures should be conducted. A search of foreign patents and printed publications should also be conducted. 

If you are not experienced at performing patent searches, a registered attorney or agent is recommended.

• Attorneys and agents with licenses to practice before the USPTO
• Are you an inventor or small business who has limited resources and needs help applying for a patent on an invention? If so, you may be eligible to receive pro bono (“for free”) attorney representation through either the Law School Clinic Program or the Patent Pro Bono Program. Additionally, the USPTO maintains several other legal assistance resources and programs for independent inventors, entrepreneurs, and small businesses. 
• I want to file myself - learn more about filing Pro Se

It is possible, though difficult, for you to conduct your own search:

• How to Conduct a Preliminary U.S. Patent Search: A Step by Step Strategy - Web Based Tutorial (36 minutes)
• The Seven-Step Strategy - Outlines a suggested procedure for patent searching
  • A detailed handout of the Seven Step Strategy with examples and screen shots.
• Patent Search requires an understanding of Patent Classification systems. Learn about the Cooperative Patent Classification (CPC) effort and the United States Patent Classification (USPC) system.

Granted Patents and Patent Applications may be searched using the Patent Full Text Databases  

See our Patent Search page for additional Search resources.