ABA Family Legal Guide

Forming and Operating a Small Business

Intellectual Property

Patents

How do I apply for a patent?

You apply for a patent by filing an application with the U.S. Patent and Trademark Office. This is a highly technical and lengthy process that may take up to several years to complete. Patent registration can cost several thousand dollars in filing fees, legal fees, costs of drawings, and costs of patent searches.

Just as with trademarks and trade names, part of getting a patent is demonstrating that you have come up with something new--which means you have to do a search of what has already been done. You can do a preliminary search up front to determine if it is worth your time to go ahead with a patent application, or you can hire a lawyer to do a search for you.