Independent Inventors
The patent and trademark process can be complicated for independent inventors, so the frequently asked questions below will provide useful information regarding the process and USPTO's role.
- The USPTO and Current Events for the Inventor
- Do I need a patent, trademark, and/or a copyright?
- What is the role of the USPTO?
- What free assistance is available from USPTO?
- How do I finance and/or market my invention?
- Do I need to hire a lawyer or agent?
- Does the USPTO market, promote, or license inventions?
The USPTO and Current Events for the Inventor
Do I need a patent, trademark, and/or a copyright?
- Patents - (Utility, Design, or Plant) protect inventions and improvements to existing inventions. More information on patents .
- Trademarks - are words, names, symbols, devices and/or use images which are applied to products or used in connection with goods or services to identify their source. More information on trademarks .
- Copyrights - protect the expression of ideas in literary, artistic and musical works. More information on copyrights .
What is the role of the USPTO?
The U.S. Patent and Trademark Office (USPTO) administers the patent and trademark laws as they relate to the granting of patents for utility inventions, designs and plants and the issuing of trademark registrations. The USPTO examines applications for patents to determine if the applicants are entitled to patents and grants the patents when they are so entitled. It examines applications for trademark registration to determine if the applicants are entitled to register their trademarks and issues trademark registrations. The USPTO publishes issued patents, approved trademark registrations and various publications concerning patents and trademarks; records assignments of patents and trademarks; and maintains search rooms and a national network of Patent and Trademark Depository Libraries for the use by the public to study issued patents, registered trademarks, and pending trademark applications and records relating to both patents and trademarks. It also supplies copies of records and other papers.
What free assistance is available from USPTO?
Free basic information on the patent and trademark system, forms, fees, products and services of the USPTO is available by calling the USPTO’s toll-free line, 800-PTO-9199 or by calling 703-308-HELP. An automated message system is available 7 days a week, 24 hours a day providing informational responses to frequently asked questions and the ability to order certain free documents. Customer service representatives are available to answer questions, send free materials or connect you with other offices of the USPTO from 8:30 a.m. - 8:00 p.m. ET, Monday-Friday excluding federal holidays. The customer service representatives can transfer your call to the Inventors Assistance Center or the Trademark Electronic Business Center for responses to practice and procedure questions. Much of this information is also available at the General Information section.
How do I finance and/or market my invention?
The USPTO does not provide assistance on financing or marketing your invention.
Disclaimer
We have provided links to these sites because they have information that may be of interest to our users. The USPTO does not necessarily endorse the views expressed or the facts presented on these sites. Further, the USPTO does not endorse any commercial products that may be advertised or available on these sites.
The Small Business Administration (SBA) provides excellent information on starting, planning, marketing, obtaining venture capital and financing a small business. The SBA also provides training and counseling.
Do I need to hire a lawyer or agent?
The patent application process is complex. The USPTO cannot assist in the preparation of patent application papers. If you are ready to apply for a patent, we strongly advise you contact a registered patent attorney or agent. Although the USPTO cannot recommend any particular attorney or agent, we do maintain a roster of patent attorneys and agents registered to practice before the USPTO. Only registered attorneys and agents may help others to obtain patents.
If you are ready to apply to register your trademark, we strongly advise that you contact an attorney who is experienced in trademark prosecution. The USPTO does not maintain a roster of trademark attorneys. An attorney who is a member in good standing of a state bar association may prosecute your application for trademark registration. The USPTO cannot aid in the selection of an attorney and does not provide specific endorsements or recommendations of private attorneys.
Does the USPTO market, promote, or license inventions?
No. The USPTO has no jurisdiction over matters relating to the promotion or utilization of patents or inventions, other than providing a public forum for complaints against invention promoters/promotion firms. The USPTO cannot act for or advise inventors concerning the business transactions or arrangements that are involved in the development and marketing of an invention. The USPTO will publish, at the request of a patent owner, a notice in the Official Gazette that the patent is available for licensing or sale. There is a fee for this service.
