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  • Writer's pictureWadzanayi Mutema

Steps on how to file for a US patent.

A patent is a way for protecting your creation or what we call Intellectual Property from being copied. It is quite different form a trademark but the end goal is the same protecting an idea or invention. In this way you can actually monetize your idea rather than having your idea copied or stolen. Though most countries have their own patent and trademark registries but, they might not be as effective because they do not have either jurisdiction or resources to uphold the patents on behalf of the filer.

However, it is great to note that not all creations qualify to be patented as such the best way to filing your patent is highlighted below:

There are 9 basic steps to consider so as to successfully registering a Patent with the USPTO.

1. Great way to start is researching key words on your patent on Google Patetents and then advancing onto artificial intelligence searches, when your patent document text is ready.

2. Find out what type of Intellectual property protection your creation/ idea needs. Trademark/ Patent?

3. Find out if your invention needs to be patented at all. Some do not qualify for example some software cannot be patented.

4. Search if your idea has not already been patented.

5. Determine the kind of patent you need- is it utility, plant or design?

6. Prepare to apply. A lot goes into filing for a patent have an appreciation of timelines, expedition options and need for international protection. Also, at this stage you determine whether you need an attorney/ agent. It is also important to see if you actually need to first apply for a provisional non-provisional application. If you are a foreign company, you will need to use a registered patent lawyer in The United States to file for submission on your behalf.

7. Prepare to submit online initial application so that an examiner can assess your application.

8. Cooperate with the examiner- when the application is accepted as complete you are to respond timeously with your assigned examiner so as to avoid risk of your application being pushed down due to non-response.

9. Maintain your Patent. Check when it needs to be extended or renewed and make sure you do so.

We are really happy that we managed to file and register for a patent which you can find here. Our patent pending is also available on this link as well. Which will be essentially wat will happen as you wait for approval.

To get access to the website to start your process, here are the links you can use. For the United States and for Europe.

Follow us for the next article focusing on how European Union patent filing is different form United States filing

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