Helpful Hints for Patent Applicants By Dick Apley Director (Ret.), USPTO

Before you apply for a patent there are many steps you should take. Below are just a few of them. I may also note that these steps are also applicable prior to you retaining the services of a registered patent attorney or agent; or prior to you entering into a contract with an invention promotion company.

1) Make a record of your idea. Keep a working record of your progress. Have it signed and dated by witnesses.

2) Search the pertinent prior literature in the field of your invention. Searches can easily be performed by yourself or by a hired search firm. The Patent Office will assist you in locating the appropriate class and subclass(es) for you to search. Visit your local Patent and Trademark Depository Library for search assistance.

3) Never sign a contract with an invention promotion company without first contacting the Patent Office. Visit the web site for independent inventors located on the uspto.gov web site for valuable information concerning patent applications and warnings about invention promotion companies.

4) Develop a business plan. Understand your financial needs; prepare a marketing scheme; and investigate the financial soundness of your invention.

5) Consider filing a provisional application for patent. A provisional application for patent is a U.S. national application for patent filed in the U.S. and has a pendency lasting 12 months. It allows filing without a formal patent claim, oath or declaration, or any information disclosure statement. It provides the means to establish an early effective filing date in a non-provisional patent application. It also allows the term "Patent Pending" to be applied. The key to the provisional application is to ensure that the written description and any drawings fully support the subject matter regarded as the invention.