Obtaining a Patent
The key to getting a patent is to describe your invention clearly and concisely while focusing on what makes it unique. Writing the patent application includes describing your invention's background and explaining exactly how it works (drawings may be necessary). Typically, the most difficult part of writing a patent is drafting the patent claims. These are the foundation of your patent. If ever you believe someone else is infringing on your invention, the claims will be scrutinized to determine the extent (if any) of the patent infringement.
In order to obtain a patent, you will need to file the appropriate paperwork and then be prepared to write rebuttals to a patent examiner's rejection (most patents are not accepted on the first draft).
How to Apply For a Patent
When it comes to filing a patent application, you may choose between filing a provisional or nonprovisional application. If you choose to start with a provisional, you will need to file a nonprovisional before the 12 month expiration of the provisional application.
Once you have filed a nonprovisional patent application, it will be passed on to a patent examiner skilled in the subject matter of your invention. He or she will examine it and either allow it or send you an Office Action (which is essentially a rejection). If you are sent out an Office Action, then you will have time to try to overcome the rejections it presents.
Drafting the claims, filing the correct paperwork and dealing with the bureaucracy (like the Office Actions) are the top 3 reasons for using a patent attorney or agent. Legally you can do this on your own, but unless you are willing to truly invest the time needed to get a patent, you should seek advice from a professional.
To summarize, getting a patent begins with filing a patent application, but it does not end there. You will need to overcome any objections or rejections made by the patent examiner in his or her Office Actions. It often takes as long as 2 years for a patent application that meets the criteria of the Patent Office to finally be allowed to patent.
