Now, before you start, please watch a video presented by US Patent and Trademark Office:
https://uspto.connectsolutions.com/conceptprotection/
Ok, now first of all you should find out what kind of invention you have: patent, trademark or copyright. All the answers you’ll get on USPTO (US Patent and Trademark Office) web-site, use link http://www.uspto.gov/web/offices/com/iip/index.htm
Here is your step-by-step instruction:
If you have a patent (utility patent – any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof; there is also a design patent – the appearance of the product, – description you find below), to register your idea means to have proven dated records of your idea title and description (as USPTO recommends – made in the notebook with consecutively numbered pages), witnessed by any person you know (wife, friend, neighbor) and/or to file a provisional patent application with Patent and Trademark Office(all forms could be found on USPTO web-site http://www.uspto.gov/web/forms/index.html#patent ); if outside of US – contact local PTO). I recommend to do both. And that’s basically the only things you have to do before speak to anyone about your idea. Let’s do it step-by-step:
•Come up with the title of your invention, if there is nothing similar on the market – be advised to trademark the name later (see below how-to).
•Write a comprehensive description of your idea, including your idea’s purpose, all possible variations in forms, sizes, colors, actions and other information; use the letter-size paper. This description will be attached to the application form.
•In most cases you need to attach drawings of your invention; if you can’t draw it yourself, be cautious when asking somebody else for it. The drawings don’t have to be professionally drawn but it has to be clear what it shows. Check www.google.com/patents for sample patent drawings.
•Also there is an option for you to attach CD(s) with other descriptions of your idea, – you can record an audio, video or any other files which give more information about your invention.
•Filing fee for provisional patent filing is $220 or $110 for small entity (for latest filing fees check http://www.uspto.gov/web/offices/ac/qs/ope/fees.htm ). All independent inventors can claim for small entity. Get more info what’s “small entity” in Consolidated Patent Rules Brochure, part 1.27. Use check, money order or credit card (credit card payment form – http://www.uspto.gov/web/forms/2038-fill.pdf); making payment by credit card is preferable and more secure, more over you know right away that the filing fee is charged and you may start testing and marketing).
•Now fill up the Provisional Application Form (PTO/SB/16). Detailed check-list as well as mailing address are here http://www.uspto.gov/web/offices/pac/provapp.htm, use a large envelope for mailing.
•Usually it takes 3-6 weeks for USPTO to process, and they will send you a filing receipt with your invention’s application number and filing date. Starting this date you have 12 months to massively expose your idea to the market, find interesting parties, and start filing non-provisional patent application. This 12-months period your invention has a patent-pending status.
•As it was said there is also a design patent (e.g. design of speakers, cars, music players and so on) – the answers are here – http://www.uspto.gov/web/offices/pac/design/index.html#def. For the latest filing fee check USPTO fee page. Recommendation – be sure that the drawings and/or photographs are high-quality and in high-resolutions. The form for design patent is the same as for utility patent (PTO/SB/01).
If you have a trademark (a name, word, phrase, logo, symbol, design, image, or a combination of these elements), take a look at the basic questions link http://www.uspto.gov/web/offices/tac/doc/basic/ . As with patents, keep the records of your trademark filed up, dated and witnessed, before giving them to graphic designers. Trademarks could be filed online(http://www.uspto.gov/teas/index.html ), but before you start, here is few recommendations:
•USPTO takes a filing fee (check latest ones on http://www.uspto.gov/web/offices/ac/qs/ope/fees.htm, scroll to trademark fees) for trademark processing anyway, and it is your homework to do to be sure that your trademark doesn’t conflict (or make a likelihood of confusion, as they say) with already existing or pending trademarks. Use Trademark Electronic Search System first: http://www.uspto.gov/main/trademarks.htm (find a “search” link in the “What you can do online” section); also do necessary research in the internet to avoid paying a filing fee to be refused in registration.
•Also, it’s a special requirement for the image of your trademark which you have to upload while applying online. All helpful info is here http://teasplus.uspto.gov/TeasPlus/view/FTK/teahelp.htm#JPGimageFile
•Check-list before you start online application: http://www.uspto.gov/web/offices/tac/doc/basic/appcontent.htm and for more details go to http://teasplus.uspto.gov/plushelp.html#Rule222%28a%29
•“New Trademark” application page (http://www.uspto.gov/teas/teasplus.htm ) will ask you which type of application you are going to use. If you have all the items from the above trademark check-list (rule 2.22(a) link) – choose less pricy TEAS Plus Form. Follow the questionnaire, and get your trademark registered!
Also, here is some helpful links concerning trademarks:
1. Trademark manual of examining procedure – http://tess2.uspto.gov/tmdb/tmep/,
2. How to do USPTO code trademarks – http://tess2.uspto.gov/tmdb/dscm/index.htm,
3. Trademark and Patent Catalogs – http://www.uspto.gov/web/offices/ac/ido/oeip/catalog/index.html
If you have a copyright, all basic information you will find on their web-site http://www.copyright.gov/ . If you are an author of any musical, literary, artistic or some other intellectual work, this link will answer all of your questions. As Copyright Office answers on the question: “Do I have to register with your office to be protected?” – “No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work”. So it’s your choice to file copyright. Information about filing a copyright application online is in the tutorial http://www.copyright.gov/eco/eco-tutorial.pdf . For specific questions go to http://www.copyright.gov/help/faq/
Online application fee is $35, regular application fee is $45. It takes up to 8-10 months to process (online applications – much faster).
Useful links:
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1Quick search of USPTO updated forms: http://www.inventnet.com/forms.html
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2Consolidated Patent Rules Brochure http://www.uspto.gov/web/offices/pac/mpep/consolidated_rules.pdf
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3Consolidated Patent Law Brochure http://www.uspto.gov/web/offices/pac/mpep/consolidated_laws.pdf
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