The last step is a business of your patent attorney. You may use USPTO site to find few in your local hoods.

Here is a general information of what must be done:

  1. 1)file utility patent application form (PTO/SB/01) along with necessary other forms – transmittal form (PTO/SB/05) and transmittal fee form (PTO/SB/17), usually you receive a confirmation of acceptance in 3-4 weeks and a notice for patent search in 6-7 months.
    Prepare and submit officially accepted patent drawings (http://www.uspto.gov/patents/basics/index.html#standards) and full specification of your invention (http://www.uspto.gov/patents/basics/index.html#spec). The use of professional service is required. On USPTO site or www.google.com/patents you will find examples of how non-provisional patent specification is composed. Filing fee is $330 (as an independent inventor go with small entity discount – $165).
    If more than one inventor, please use USPTO Additional Inventors form (PTO/SB/02). Also, you may submit an Application Data Sheet (details §1.76 from Patent Rules http://www.uspto.gov/web/offices/pac/mpep/consolidated_rules.pdf).
    Also final approval before sending papers to USPTO is necessary. Schedule a per-hour consultation with patent attorney (usually $100-200 per one hour) to review your documents. Check close registered agent or attorney here: http://oedci.uspto.gov/OEDCI/query.jsp;

  2. 2) upon receiving a notice for patent search, pay the patent search fee: utility patent – $540 ($270 as a small entity), design patent search fee – $100 ($50), plant – $330 ($165);

  3. 3) usually in 3-4 months after patent search payment, you will get a notice of your patent examination. In order to start examination process you are required to pay an examination fee: utility – $220 ($110), design – $140 ($70) and plant – $170 ($85);

  4. 4) if everything goes without delays and crossing other patents, USPTO sends you a patent allowance notice. You will be required to pay an issue fee of: utility patent – $1510 ($755), design $860 ($430) and plant patent $1190 ($595).


This might take 15-20 months to get an utility patent, but it is not a matter of importance – you have your rights to license your product and this final step is pure formality. Thanks for making a world a better place!

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