Before you file for a patent it is important to understand a little about the process. It is possible that someone has had your idea, patented it and not done anything with it (thus the importance of a thorough patent search). It is also possible that someone may have already filed for a patent on your invention but it is still in the patent pending process. If it has already been patented you can find out about it. If it is in the patent pending process you must decide if you want to proceed with your own patent application hoping that you are the first. Patent pending applications are made public after 18 months if the inventor has not specifically indicated that he/she does not wish to have it made public (and if they are not filing for any foreign patents).

For the first 18 months after a patent has been applied for the patent pending applications are not made public so there is no way to find out if one is already in the system. If your idea is great enough, your enthusiasm is great enough, the potential profit margin is great enough and your possible market is large enough, you may decide that you want to try for a patent. Only you can make that judgment call after you have conducted the most thorough patent search you possibly can. There are a few ways to go about filing for your patent. The first, of course, is to go to a patent attorney. The second is to go to a patent agent. The third is to do it yourself with the help of patent application software or with the help of a book.

Our recommendation is to hire a patent attorney to do it for you if you can. When people hear that for a patent attorney to file for a utility patent often costs between $8,000.00-$10,000.00 it can be discouraging. That is a lot of money to come up with. What most people don't understand is that you do not have to come up with the total amount at the start. We paid around $2,500.00 to start and then paid other fees as they were due. It is our understanding that most patent attorneys allow clients to pay fees as they come due and as work progresses on the patent. Many patent attorneys do not charge at all for the first visit with them when they evaluate the patent ability of your invention. Check to be certain that this is their policy, however, before scheduling an appointment.

The second way to file for a patent is to use a patent agent. They are as qualified as patent attorneys to draw up and file your patent application (Patent Agents and Patent Attorneys have to pass the same test on their competency). Patent agents are not attorneys, however and could not represent you in court. Patent agents are usually substantially less expensive than patent attorneys.

The third way to file for your patent is to do it yourself. You could check out the patent writing software. There is a user-friendly software program that guides you through the steps and even has a patent attorney look over your application before you submit it to the US Patent and Trademark Office. You can find it listed on the UIAUSA.com website.

If your purpose in filing for a patent is to obtain the "patent pending" status you may want to file a provisional patent application instead of filing an application for a regular utility patent. It costs only $80.00 to file a provisional patent application and the format is much looser than it is for filing for a regular utility patent. Basically a provisional patent application will "hold your place in line" at the patent office by allowing you the earliest filing date possible. It will never result in an actual patent. Within one year after you file your provisional patent application, you must file for a regular patent or lose the advantage of the earlier filing date. Provisional patent applications are not even looked at by the examiners at the patent office. Provisional patent applications are very attractive to some inventors because they allow the inventor to have as early a filing date as possible and it allows them to list their product as "patent pending." That gives the inventor one year in which to find a company to license his/her product without going to the expense of filing for a utility patent.

It is very important NOT to divulge your invention to anyone (without a nondisclosure agreement) because the USPTO has very strict regulations about when you can file for a patent. You have ONE YEAR from the time that you first make your invention public (either by showing it to someone without a nondisclosure agreement or by offering it for sale or public use). The USPTO is VERY STRICT about that. The one-year clock starts running the moment you "make your invention public" and if you apply for the patent one year and one day after that they will disallow it. DON'T LET THE CLOCK RUN OUT ON YOUR INVENTION! Rates vary widely for writing Provisional Patent Applications. Most attorneys and agents charge between $800 and $2,400 to write the provisional patent application.