How to obtain a US Patent?

Have you invented something cool, useful, and original that the world would be excited to use? Don't you also want to benefit from your fantastic invention? Before anyone takes the benefit of your invention, you should probably want to get your invention patented. If you wish to file a US patent, we will discuss the highlights of US patent rules and US patent requirements to make the procedure more accessible for you.


A patent is a type of Intellectual Property, which provides a monopoly granted by the government of the country where the inventor initiates the patent filing process. A patent grants the inventors an exclusive right to use, manufacture, sell, or otherwise benefit from the invention for a certain period. If you file a patent application with the USPTO, the US patent will ensure that no one is stealing or misusing your design or idea without your permission.

Why do you need to know this?

The general outline of knowing how to obtain a US patent will help you understand the what, where, how, when, who, and why of US patents. This will help you understand how to obtain a US patent. We at IPExcel US offer a holistic service to help you file a US patent. Regardless, it is important that you acquaint yourself with the patent filing process for US patents.

In this guide, we will touch on various rules, nuances, and exceptions that are contained in procuring a US Patent.

We at IPExcel offer the services such as getting USPTO provisional patents done and how to obtain a US patent.

How to get a US Patent?

Consult IPExcel's patent experts for knowing how to obtain a US patent and to help you with the procedure of obtaining a US patent.

The patent filing is a time consuming and expensive process and the goal of receiving a US Patent is not assured. Regardless, you should follow the US patent rules and the US patent requirements to do your best to procure a US patent. These US patent rules and requirements are available on the USPTO website and you may cross-check the US patent requirements before you begin with your patent filing process.

The US patent is a powerful and non-tangible property right in the United States of America.
From corporations to single inventors, anyone with an original invention can apply for a US patent. The issued US patent will allow the inventor to have exclusive rights to sell, make, and use the patented invention across the United States of America for a period of 20 years.

Highlights of US Patent rules:

Before you begin to learn about how to obtain a US patent, you must be aware of the US patent rules and US patent requirements, summarized below:

Patentable Subject Matter:
There are two criteria for subject matter eligibility:

1. Your invention must fall in one of the four categories:

1. Processes,

2. Machines,

3. Manufactures and

4. compositions of matter.

A process defines method steps of activity while machine, manufacture, and composition of matters typically cover products.

2. There are also a few exceptions for which a patent may not be allowed, such as abstract ideas, laws of nature, and natural phenomena.

Conditions for Patentability

1. Useful
If you have a useful invention or improvements that qualify the subject matter eligibility criteria, you may obtain a patent.

When determining the usefulness of your invention, one question you must ask yourself is: "Is it a solution to an existing problem?" Any invention with a functional and conceivable use satisfies this criterion.

2. Novelty
There must not exist a prior art which completely discloses the invention. The invention should not be part of public knowledge. If the solution to a problem you wish to file a patent is already in a published document or use, you may not obtain a patent.

3. Non-Obvious
As mentioned, your invention must be novel in the light of prior art, but it also must not be obvious to a person ordinary skilled in the art. It should not be an apparent improvement to an existing solution to a person who has some knowledge in the field of invention.

Types of Patent Applications
There are two types of utility patent applications that one can file with USPTO:

1. Non-provisional Patent Application: A Non-provisional patent application is an ordinary, regular, and formal patent application. The patent application undergoes an examination process, leading to a granted patent. You need to disclose your invention completely in this application.

2. Provisional Patent Application: A provisional patent is an initial disclosure, and you can claim that you conceived the idea on the date of applying. However, you may need some more time to disclose the invention completely. You must file a corresponding non-provisional patent application within twelve months of filing a provisional patent application. A provisional patent application helps you secure an early filing date of your application.

How to obtain a US Patent?

We at IPExcel ensure that your US patent filing process is seamless. We offer the services for filing a non-provisional and provisional patent application with USPTO. We provide assistance throughout the process and some of them are outlined below.

Novelty Search
Our patent attorney will help you through the search process. It is crucial to identify relevant prior arts before filing a patent application which helps to scope the claim of your invention.

Type of Patent Application
Our patent attorney will help you decide the type of patent application you should file. It will depend upon your readiness for the invention and other requirements. You may file a provisional or a non-provisional patent application.

Application Preparation
We at IPExcel prepare patent applications per USPTO's rules. It includes an abstract, background, a detailed description, and claims which disclose your invention in the best possible manner. We also help you prepare all the necessary forms required for filing.

A USPTO patent examiner will evaluate the patent application based on patentability and other criteria. The examiner may raise specific objections and reject the claimed invention. However, with years of experience, our patent attorney prepares an appropriate response to these objections. Our patent attorney will directly communicate with the patent examiner on your behalf and help you obtain a granted patent.

Post Grant
Your granted patent must be maintained in active status to ensure your patent rights by paying the required maintenance fee. We help you with the regular updates without missing the deadline so that you can continue to explore the commercial benefits of a granted and active patent.

With the assistance of our patent attorney, you do not have to worry about how to file a patent application. The patent filing process commences when you approach us and hopefully ends with a patent in your name!

Our Executive is here to help & guide you.



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Jason has 35+ Years of Combined Technical & Legal Experience, where Jason has worked for several Fortune 500 organizations including General Electric, Lockheed Martin & Northrop Grumman. Jason has drafted more than 150 patent applications and prosecuted over 200+ office actions with a 90% patent grant rate in the areas of Electronics, Software and Electrical Technologies for Fortune 500 Organizations.
Jason holds a Bachelors and Masters of Science in Electrical Engineering from George Mason University and has completed his MBA from Colorado State University.

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