June 2024

Exploring Patents with the US Patent & Trademark Office (USPTO)

Understanding how to obtain a patent is crucial for inventors, innovators, and entrepreneurs to protect their ideas. Conducting a patent search using relevant keywords helps determine if someone has already patented a similar idea. This allows individuals to pivot early, modify their ideas or materials, and avoid legal issues and infringement. Learning about patents enhances innovation and strengthens intellectual property strategies. Conducting a patent search and learning about patents are essential steps for students with product ideas.

Patent Basics from the US Patent & Trademark Office (USPTO)

If you’re new to the process of protecting your rights to your invention by applying for a patent, you’re in the right place. This page will direct you to everything you need to know about U.S. and international patents. If what you see doesn’t answer your questions, we’ll show you where to go to dig deeper.

https://www.uspto.gov/patents/basics/essentials#questions 

Search for patents and prior art (USPTO)

You may make a preliminary search of patents and other publications to discover if a particular invention or one similar to it has been shown in prior art (information disclosure). You may also consider employing patent attorneys or agents to do the search. https://www.uspto.gov/patents/basics/apply#search 

USPTO suggests a six-step strategy for preliminary searches of U.S. patents and published applications. A few of these steps are described below to get you started:

3. Brainstorm descriptive keywords for your invention based on its purpose, composition, and use.
4. Retrieve published application documents and actual U.S. patents using relevant classification resources and the USPTO Patent Public Search Tool found on the website.
5. Review each relevant document in depth for similarity to your invention.

Basic rules for filing a provisional patent application from the US Patent & Trademark Office (USPTO): 

The United States Patent and Trademark Office (USPTO) offers inventors the option of filing a provisional application for patent. This was designed to provide a lower-cost first patent filing in the United States.

A provisional application for patent (provisional application) is a U.S. national application filed in the USPTO under 35 U.S.C. §111(b). A provisional application provides the means to establish an early effective filing date in a later filed nonprovisional patent application filed under 35 U.S.C. §111(a). It also allows the term "Patent Pending" to be applied in connection with the description of the invention.

https://www.uspto.gov/patents/basics/apply/provisional-application 

Patent process overview

A step-by-step overview of a patent application and maintenance process. https://www.uspto.gov/patents/basics/patent-process-overview 

USPTO Learning and Resources

Trademark Information Network

First-time filer? Confused by trademark application terms? Interested in saving time and money during the application process? For your convenience, the USPTO presents TMIN, the Trademark Information Network. Here you can view news broadcast-style videos that cover important topics and critical application filing tips.

https://www.uspto.gov/trademarks/basics/trademark-information-network