Global Patent

USPTO.gov

The United States Patent and Trademark Office
an agency of the Department of Commerce

1. PATENTS
2. TRADEMARKS
3. IP LAW & POLICY
4. PRODUCTS & SERVICES
5. INVENTORS

[Process for Obtaining a Utility Patent]

Step 1, Applicant - Has your invention already been patented?
Search the Patent Full-Text and Full-Page Image Databases
If already patented, end of process
If not already patented, continue to Step 2

Step 2, Applicant - What type of Application are you filing?
Design Patent (ornamental characteristics)
Plant Patent (new variety of asexually reproduced plant)
Utility Patent (most common) (useful process, machine, article of manufacture, composition of matter)

Step 3, Applicant - Determine Filing Strategy
File Globally?
Need international protection?
File in U.S.? - continue to Step 4

Step 4, Applicant - Which type of Utility Patent Application to file?
Provisional or
Nonprovisional

Step 5, Applicant - Consider expedited examination
Prioritized Examination
Accelerated Examination Program
First Action Interview
Patent Prosecution Highway

Step 6, Applicant - Who Should File?
File yourself (Pro Se)
Use a Registered Attorney or Agent (Recommended)

Step 7, Applicant - Prepare for electronic filing
Determine Application processing fees
Apply for a Customer Number and Digital Certificate

Step 8, Applicant - Apply for Patent using Electronic Filing System as a Registered e-Filer (Recommended)
About EFS Web

Step 9, USPTO - USPTO examines application
Check Application Status
Allowed?
Yes, go to Step 12
No, continue to Step 10

Step 10, Applicant - Applicant files replies requests for reconsideration, and appeals as necessary

Step 11, USPTO - If objections and rejection of the examiner are overcome, USPTO sends Notice of Allowance and Fee(s) due

Step 12, Applicant - Applicant pays the issue fee and the publication fee
USPTO Grants Patent

Step 13, Applicant - Maintenance fees due 3 1/2, 7 1/2, and 11 1/2 years after patent grant

DownLoad: http://www.uspto.gov/patents/resources/types/utility.jsp