- 1). Determine if you need a Utility Patent for a process, machine or manufactured item; a Design Patent for a new original and ornamental design for a manufactured product; or a Plant Patent for anyone who discovers or invents, and asexually reproduces, a new variety of plant. Estimated time: 15 minutes.
- 2). Search patent records on the U.S. Patent and Trademark Office website to make sure there is not already a patent for your product. Estimated time: two hours.
- 3). File a patent application through the U.S. Patent and Trademark Office website. Estimated time: one year for approval.
- 4). If your U.S. patent application is approved, file for a Patent Cooperation Treaty (PCT), or international patent application, through the U.S. Patent and Trademark Office website. Estimated time: 90 - 100 days.
- 5). Receive a filing receipt for your PCT within 120 days.
- 6). File an Information Disclosure Statement through the U.S. Patent and Trademark Office website. Estimated time for processing: Up to three months.
- 7). Pay the Chapter II Fee and file the Demand form in the PCT application to get an International Examination. Estimated time: two hours.
- 8). Wait to hear if your patent was approved and file for independent patents in any countries the PCT does not cover. Estimated time: Up to 22 months.
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