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How to Get a Patent
A U.S. patent for an invention is the grant of a property right to the inventor(s), issued by the U.S. Patent and Trademark Office. The right conferred by the patent grant is, in the language of the statute and of the grant itself, "the right to exclude others from making, using, offering for sale, or selling" the invention in the United States or "importing" the invention into the United States. To get a U.S. patent, an application must be filed in the U.S. Patent and Trademark Office.
Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof. Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.
Use EFS, the USPTO's electronic filing system for patent applications, to submit Utility patent applications, Provisional applications, electronic information disclosure statements (eIDS), patent assignments, computer readable format (CRF) biosequencelistings, and pre-grant publication submissions to the USPTO via the Internet. At this time, EFS does not accept Design applications, New Plant applications, Reissue applications, International Patent Cooperation Treaty (PCT) applications or Reexamination requests.
You need a patent attorney or agent to file your patent application.
The U.S. Patent and Trademark Office (USPTO) strongly recommend that all prospective applicants retain the services of a registered patent attorney or patent agent to prepare and prosecute their applications.
Newsroom
News about Patent cases in New York and nationwide:
General Information and Correspondence
All business with the United States Patent and Trademark Office (USPTO or Office) should be transacted in writing and all correspondence relating t... Read more >
Definition:
Continuation-in-Part - an application filed during the lifetime of an earlier nonprovisional application, repeating some substantial portion or all of the earlier nonprovisional application.
Assignee
Definition:
The entity that is the recipient of a transfer of a patent application, patent, trademark application or trademark registration from its owner of record.
Non-final Office Action (rejection)
Definition:
An Office action letter that raises new issues and usually is the first phase of the examination process. An examining attorney will issue a non-final Office action after reviewing the application for the first time.
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