Patent Process in the US- How does it Function?

Patent Process in the US- How does it Function?

The patent process in the US allows inventors to be creative with their discoveries and product development. In addition, patents are valuable assets that enable one to share their inventions without the fear of misuse publicly.

Patents play a key role in boosting the growth and development of the country by making technological advancements accessible. However, in the US, when an inventor obtains a patent, they can exclude others from using and selling their products.

With a patent, an inventor will have the right to sell the item at a higher price. A patent is a type of monopoly the government grants to inventors. In the US, a patent is valid for twenty years. During this time, you will have the exclusive right to manufacture and sell your unique product.

A patent also ensures that no one can steal the design of your unique invention. Patents greatly encourage the R&D of products. Once filed, expert patent examiners will analyze the viability of your patent.

patent process in the usa

The US Patent Process- Things to know

The US Patent and Trademark Office, also known as USTPO, is one of the oldest patient offices in the world. You can file two types of applications for a patent in the US.


If you want a quick and less expensive way of filing a patent, go for the provisional application process. However, you have to file a non-provisional patent within one year to ensure the validity of the provisional patent.


It is the final application in the patent filing procedure. Therefore, based on the non-provisional application, you will receive the final patent.

You should know the intricacies of a patent application. Note that there should be effective communication between the inventor and the patent examiner. Your patent application should illustrate all relevant details. The patent filing process comprises the following steps.

  • File an application for a patent
  • Examination of the patent application
  • Respond to the examiner’s queries
  • Patent grant

The Patent Process lets you Understand your Innovation

It is essential that you understand your invention before filing a patent. What are the USPs of the invention that make it worthwhile? Once you recognize the aspects that make your invention new, you should consider the scope. Are there other methods to make your product?

For instance, can you implement design changes quickly? Before filing a patent, find all the possible ways to make your invention work. Furthermore, you should also identify the broader application of your product before filing a patent for it.

patent process

In most cases, the patent examiner will ask you about the scope and applications of your product. The patent application is available for any product.

You should know about your product’s patent rights to safeguard it from being misused. As an inventor, you can make your product commercially viable with the help of a patent. In addition, a patent allows you to gain a strong market position.

Researching your Invention

A patent requires absolute novelty. As an inventor, you should be able to teach the public how your invention works. You have to research extensively to ensure that no part of your invention overlaps with past discoveries and innovations.

In the US, the patent process requires you to disclose any publication or written document that is relevant to your invention. And if you fail to do so, the patent examiner will disqualify your application.

Drafting a Patent Application

It is a bit tricky to draft a patent application. However, clear insights into the patent process will make things easier for you. A patent application comprises various segments.

The examiner can reject individual segments for technical or formal reasons. Therefore, it is essential to prepare a checklist for each portion of your application. Drafting a patent takes a significant amount of skills and patience. You can even seek professional help to file a patent with the USTPO.

patent process in the usa

A patent provides you with great ROI in the future. You are investing your efforts and money in intellectual property that will have excellent commercial viability. Ensure that you know clearly about the patent process in the US. And you can always appoint a professional to help you file a patient.

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