How to Patent Your Invention for About $100

A little-know section of patent law allows individual inventors and small businesses to apply to the Patent Office for a provisional patent. The application is relatively easy, can be done without lawyers or professional patent companies, and the fee is about $100. The provisional patent application offers full patent protection, and allows an inventor to state "patent pending" on their product. Here's what you need to know to get a provisional patent.

Suggestions

1. Read about provisional patents at the US Patent and Trademark Office (USPTO). Although the language can be on the bureaucratic side, it's worth reading through the official explanation of the Provisional Patent application process. See Resources, below, for a direct link to the USPTO page on "Provisional Application for Patent". Read the General Information on Patents as well.
2. Apply when you're ready.
   In a nutshell, the provisional patent application can be thought of as a patent for a trial period or a grace period of a year. During the provisional patent period, your invention has full patent protection, and you have a legal right to mark your idea, invention or product as "patent pending". The application process is not nearly as rigorous or demanding as a full patent, and can generally be handled by an individual inventor or business without professional patent agents, preparers or attorneys. The cost for filing a provisional patent for a 'small entity' -- an individual or small business -- has ranged recently from $85 - $110.

   
   
3. Use your year wisely. At the end of the one year trial period of the provisional patent, the patent protection expires UNLESS the inventor proceeds with filing for full patent protection. This is a much more involved and costly process, but the one year trial period makes it possible to market your invention and hopefully determine it's value in the marketplace, and perhaps even find commercial backers.

   
   
4. The Resource section has more information on the provisional patent process, and the protections it offers.

   
   

Tip

• Call the Inventor Assistance Center at the Patent Office to speak to an expert about the process for a Provisional Patent Application -- 800-786-9199

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How to Patent a Natural Medicine

Patenting a natural medicine may seem like a daunting task, but it's not impossible, and can also be very profitable. Natural medicine is a broad term used to describe anything used to treat a health condition naturally, including herbs, homeopathic medicine, energy therapies and holistic treatments.

Things You'll Need

• Patent fees ($200 to $1,000)

Suggestions

1. Decide on an idea that is new and innovative. Natural medicine is constantly changing, and science is discovering new methods of healing and treating people everyday. Once you decide on a natural medicine idea that you want to try and patent, write it down in as much detail as possible.
2. Search the United States Patent Office to make sure you're the only person who has thought of this idea (see Resources). Click "Patent Search" on the left side of the page. There are literally millions of patents out there, so try to narrow down the category that your idea is in. The database at the United States Patent Office is user friendly, and once you figure out where to search for your idea, the site is easy to navigate.
3. If you discover that your idea for natural medicine is not patented, file the idea for patent. This takes time and will require detailed information about your idea. Many people consult patent lawyers to help them through this process. Filing, maintaining and patenting your idea can be costly and time consuming; costs can range from $200 up to $10,000, or more.

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How to Conduct a Patent Search

If you have a great idea or new invention and want to patent it, do your homework first. Make sure somebody hasn't already beaten you to it.

Things You'll Need

• Patent Applications
• Attorney Referral Services
• Patent Marketing Services
• Patent Searching Service
• Patent Software

Suggestions

Conduct a Self-Search

• Determine what type of patent you will be seeking. A utility patent covers the functional aspects of an invention, while a design patent only covers the appearance of an invention.
• Access an online patent database such as the ones provided by the U.S. Patent and Trademark Office (PTO) and IBM. Determine the most relevant classes and subclasses for your invention.

• Read the class descriptions in the database to see which are relevant to your idea.
• Review all patents issued within those classes.
• Perform comprehensive keyword searches for your potential invention. Leave no stone unturned.
• Assemble your search results into a report that can be readily referenced.

Hire Professional Services

• Know your options: a patent agent or attorney or a lay searcher. A patent agent is an individual with some technical training who is licensed by the U.S. PTO to prepare and prosecute patent applications. A patent attorney is licensed by the PTO to prepare patent applications. To find a patent searcher, look in the yellow pages under "Patent Searchers."
• Also see Tips below.
• Utilize your searcher's services efficiently. Do this by providing the searcher with a clear and complete description of your invention together with easily understandable drawings. The more thorough you are, the better.
• Analyze your searcher's response thoroughly.

Tips

• Patent databases available over the Internet only go back to 1971. If your invention employs recent technologies, databases such as those available on the PTO and IBM Web sites will be fine. But if you need to search for pre-1971 patents, you will need to visit a Patent and Trademark Depository Library.
• To qualify for a patent, your invention must be different than all previous developments in the area, whether or not they ever received patents. You should therefore also search for past and present real-world developments that might bear on your invention's novelty.
• You need not worry about compromising the trade secrets of your invention when corresponding with your professional searcher. All information exchanged is considered confidential.
• Most search reports contain the following: a description of your invention provided by the searcher to confirm complete understanding of your invention and to indicate exactly what has been searched; a list of the patents and other references discovered during the search; a brief discussion of the relevance of the found patents and references; and a list of classes and subclasses searched and examiners consulted.
• Lay searchers generally can be hired for half the cost of patent agents or attorneys. However, be aware that they are not regulated by any authority.
• Incomplete or inadequate patent searches can waste time and money. Search extensively to make sure your idea is patentable and does not infringe upon patents that are still in effect.
• A pitfall of any patent search is that there is currently no way to search pending patent applications, as these records are kept confidential. Changes will occur in December 2000.
• A patent search might not yield helpful results in newly developing fields such as the Internet or biotechnology, since many relevant developments can be expected to be the subject of pending applications, which are kept confidential by the PTO.
• Performing an accurate and thorough patent search takes practice or know-how. This short checklist suggests a course of action, but to avoid wasting time, you should educate yourself further about patent searches before you try one yourself.
• This information is not intended as a substitute for professional legal counsel. Refer to legal references and consult an attorney for up-to-date, comprehensive guidance.

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