• Patents and related issues are administered by the United States Patent and Trademark Office.forte impression image by Charly from Fotolia.com
  
  Patents give inventors the ability to make a profit from their inventions by protecting the inventor's rights of usage and commercial application. By acquiring a patent for a unique invention, the creator can protect himself from others stealing his ideas or creations. The steps below apply to filing for a utility patent, the most common type.
  
  

New Patent

• The inventor must determine if the invention has already been patented. The United States Patent and Trademark Office (USPTO) gives aspiring patent holders several tools for searching for existing patents. Searches may be conducted online or at physical locations such as the Public Search Facility in Alexandria, Virginia. If the invention has not been patented yet, the inventor must decide which type of patent he wishes to pursue.
  
  

Types

• There are three types of patents. Design patents cover "ornamental characteristics" according to the USPTO. Plant patents would be used for a "new variety of asexually reproduced plant." The utility patent is used for machines, articles of manufacture, processes and compositions of matter. Once the type is determined, the filing strategy must be determined.
  
  

Strategy

• The inventor must determine if he wants national or international protection; patents provide only one or the other. Next, the filer must choose between a provisional and non-provisional patent. The provisional patent, a lower-cost type of patent which establishes a starting date for protection, entails a more streamlined application but requires a non-provisional patent to be applied for within 12 months. The non-provisional patent is the standard patent but involves a more complicated application process and documentation. The filer must then decide if he wants an expedited application process and determine exactly who should be filing for the patent--the inventor himself or an attorney or agent, for instance.
  
  

Filing

• To prepare for electronic filing, the inventor must determine the appropriate fees and apply for a customer number and digital certificate through the USPTO. The USPTO also recommends that filers "apply for (the) patent as a registered efiler" using the customer number. After the inventor files electronically, the USPTO will examine the application.
  
  

Response

• If the application is denied, the inventor may file replies, appeals or a request for reconsideration. If the USPTO approves the application, the filer pays the issue and publication fees and the patent is granted to the filer.
  
  

Maintenance

• The patent holder is responsible for paying maintenance fees 3 1/2, 7 1/2 and 11 1/2 years after it is granted to keep the patent in force.