Procuring a patent is a complicated process. Let's look at a simplified outline of the process of obtaining a US patent.

First, of course, is the invention. Then, when you are able to clearly describe what the invention does, how to make it, and how to use it, you are ready to begin the patenting process. You do not have to have a working model of the invention. However you need to be able to explain it in a manner that an average professional could make it and use it.

The invention has to pass the tests of being useful, novel, and non-obvious. These requirements are neither as simple nor as clear as one would like. A preliminary visit to your patent agent will help determine if there are any obvious problems.

In certain cases, it is advantageous to carry out a patent search. There is absolutely no necessity in conducting a search, but it often saves money and grief. In some cases, it is better not to carry out a search beyond what one already knows.

Your patent agent will guide you as to what he/she needs in terms of describing your invention. This is the first time where the professional experience of the agent may make a crucial difference. The more familiar your agent is with the technology of your invention, the better your invention will be understood and the better will your invention be defined and protected.

After developing a clear understanding of the invention, your agent will write a detailed description of the invention in a manner that answers the legal requirements for a patent application. The application needs to include drawings and describe how to make and use the invention in such a way that can be understood by a person of average skill in the field. The application should contain all modifications and implementations of which you are aware, since once an application is filed new matter cannot be added to it. Additions will require a new or continuation application. Besides the description, the application will contain claims. If you intend to patent an invention, you will hear a lot about claims.

Claims define your invention. It is somewhat like staking a claim on a piece of land. Claims define the exact boundaries of your invention and the protection afforded you. Patent claims are often the cause of hot debates. Claim interpretation is often the essence of patent court cases and therefore the claims are of crucial importance to your invention. The broader the claim, meaning the more ground it covers, the wider your protection. If, however, a claim is too broad, an opponent may be able to show an existing item that falls within the claim. Such an item may invalidate the claim altogether and, in some cases, make the patent unenforceable. Claims are also written in a very precise and specialized form. A single claim may be longer than a page and yet be written as one single, convoluted sentence. The claims differentiate your invention from all that was done before it, and hopefully cover all that may be done in this area in the future. While, with guidance, you may write a significant portion of your patent application yourself, claims are better left to the professional. Again, at this point there is a significant advantage to a professional that closely understand the technology involved.

Once the application is prepared, including drawings, a written description, and claims, it is filed at the United States Patent and Trademark Office (PTO). From that point, your invention is entitled to the status of "Patent Pending". After several months, you will receive a filing receipt. Expect to hear little regarding the application after that for some time, in many cases over a year. This time that may vary according to the load in the unit of the PTO that handles your application.

Eventually a patent examiner in the PTO will examine your application. The examiner will search related inventions and determine if your invention answers all the requirements to issue as a US patent. The examiner will then send your patent agent a response to the application, known as a 'first office action'.

Most first office actions reject all the claims in the application on any grounds the examiner may think appropriate. At this point, you and your patent agent need to examine the office action and respond to every point the examiner has made, either by arguing your point or by modifying your claim. In some cases, you can do neither and the whole matter is dropped and you cannot patent your product. In most cases, however, your agent can negotiate with the patent examiner to achieve the best possible protection that the patent office will allow your invention. In most cases, it takes only one or two office actions before a patent can be issued. When this is not the case, there are other options available to pursue to convince the patent office to issue a patent. Once a patent is accepted and the office is ready to issue a patent for your invention, certain formalities may need to be met, such as correcting any discrepancies in the drawings and, of course, the ever-present payment of fees.

Sometime after the issue fee is paid, you will receive a 'ribboned' copy of your patent (If you are wondering: Ribboned - the original patent document, with an official seal and a nice ribbon.). This is a unique and proud moment and a time for celebration. You have officially been recognized as an inventor. You have joined the elite of society. Your mental efforts contributed to increase the knowledge base of the human race. You took the combined human mental process a step forward, and society recognized that and gave you patent protection for your invention. You are a recognized inventor, a member in the exclusive club that includes people like Thomas Edison, the Wright brothers, Alexander Graham Bell, Sir Frank Whittle (jet engine), Gordon Gould (laser), and Ted Hoff (microprocessor).