To get a US patent you must apply and be granted a patent by the U.S. Patent and Trademark Office (USPTO), an agency of the U.S. Department of Commerce. It’s a long process, so how to get a patent?

Well, there are basically three broad categories of patents: 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. There are also two types of utility and plant patent applications -- provisional and non-provisional. Each year the USPTO receives approximately 350,000 patent applications. Most of these are for non-provisional utility patents. So it’s obvious that your application for invention must have that ‘X’ factor.

In order to be patentable, an invention must useful, novel (new), and non-obvious--meaning that when viewed as a whole, the invention must not have been simply an obvious improvement in the invention's field when viewed by one of ordinary skill in that particular field.

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Step 1 to getting a patent

Before starting on the process of patenting you must be sure that your invention qualifies in all three aspects- that it is novel, useful and non obvious. Also test its practicality: do you have something that the public is willing to pay for. Under the conditions of the patent law, it must have a purpose and your invention must work. The process of making sure that your invention will work to perform its useful purpose is called "reduction to practice."

Step 2 to getting a patent

Next, do a bit of research or get someone to do it. Make sure that a patent for your idea or invention does not already exist or has been published in a magazine or research paper. You can do it either by yourself by asking to review records at USPTO or take the help of experts who are registered with the USPTO. Many inventors hire professionals to conduct patent searches and to analyze the results. If you decide to get help, be sure to hire a practitioner who is registered to prepare and prosecute patent applications. Broadly, you cannot apply for a patent if:

      The invention was known or used by others in this country.
      The invention was previously patented in this or another country.
      The invention was described in a printed publication anywhere in the world.
      There were printed publications and patents that make your invention obvious.

Step 3 to getting a patent

At this stage, you should be secretive about your work. When in doubt-don't disclose information about your work. It’s quite possible that one or several existing patents or publications might describe something similar to your invention, but they may differ in some other way. To obtain a patent for your invention, those differences must be unobvious to anyone with knowledge in the area related to your invention. For example, ordinary differences, such as the substitution of one material for another, changes in size, or other obvious modifications generally are not patentable. But you can obtain a patent to cover an improvement or a new feature which makes your invention different from the prior patents. The determination of unobviousness and of patent ability of an invention is often a complex issue involving a combination of legal principles and technical facts. Generally you should not attempt to make these determinations on your own. If you have not yet hired a registered patent practitioner, you should do so now.

Step 4 to getting a patent

Finally, file in an application for your patent. Your application will have three parts-

a.	A written description of your invention. This document is also called a "specification". It must fully and completely describe the invention; nothing may be withheld. This part of the application must conclude with one or more "claims" which legally define your invention. Specifically, you must name all the essential details that are the operative parts of the invention. Judgments as to the novel and unobvious features of your idea are based on these claims. If you are granted a patent, then infringement will be judged on the basis of these claims. The wording of this part of the application is critical to the patent rights, if you receive a patent. Narrowly drafted claims can easily be engineered around without infringement, and overly broad claims are prone to be invalidated. In either case, the issued patent is of little or no value to the inventor. Although you have the right to prepare your own application documents, getting assistance of a licensed patent practitioner will help your chances of obtaining good patent protection.
b.	An illustration of your invention showing every part described in the application.
c.	And filing fees. Fees change periodically and should be verified by your patent practitioner. Consult the U.S. Patent & Trademark Office's web site for current fees (www.uspto.gov).

Step 5 to getting a patent

Your patent application will be examined by a Patent Office examiner. You will be notified in writing about any decision concerning your patent application. Believe it or not, on average it takes about two years for the Patent Office to process each application. However, keep in mind that you may still promot your invention as a pending patent This serves to notify your potential competitors as to the risk of getting sued by you in case they decide to copy your invention. Your patent may be denied, but you can amend the claims and point out why the patent should be granted. First time applications are often rejected though later your application may be found patentable. However if your application is rejected and you still wish to seek a patent you may appeal to the Board of Patent Appeals and interferences.

The final decision on the patent of the invention is based eventually on the information found during the novelty search. Even so the inventor has to be satisfied that the claims are still broad enough to have value. The patent will then be issued.

Congratulations!

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