How to Apply for Patent Applications

If you have an invention you believe is unique, you should file for patent protection as soon as possible. If you intend to file for patent protection in more than one country, you need to proceed under the Patent Cooperation Treaty (PCT) so that patent approval in one country will not disqualify you from obtaining protection in another. If your patent is approved, the approval will be issued retroactive to your initial PCT filing date.

• 1

  Create a one-page abstract of your invention that succinctly describes why it is distinctive, what it is used for and how it is made. Specifically describe how your invention improves on earlier technology.

• 2

  Use the World Intellectual Property Organization's PatentScope search engine to conduct a worldwide search for "prior art" -- patented technology that may be identical or similar to the technology that you believe makes your invention unique. Compare your abstract with abstracts contained in patent applications in the same field to identify similar technology.

• 3

  Draft a detailed description of your invention. It should be specific and comprehensive enough to allow someone to manufacture the invention using your description as a guideline. Use numbers and graphical representations wherever appropriate. Work with a patent attorney to prepare formal legal claims that describe how your invention is novel, useful and inventive -- the three legal pillars of patentability.

• 4

  File an international patent application under the authority of the PCT. You may file your application at the international PCT Receiving Office in Geneva, Switzerland or at a regional Receiving Office. The U.S. Patent and Trademark Office is the receiving office with jurisdiction over the United States. The PCT will conduct a preliminary examination and issue a written opinion about whether or not your invention is patentable.

• 5

  File individual patent applications with the patent offices of every nation in which you seek protection. Although you will have to adapt your PCT application to the requirements of each national patent office, the basic requirements for patent protection are similar in every PCT nation. Your filing date for each application will be the filing date of your original PCT application. A positive PCT report will greatly enhance your chances of success.