KnowThis Tutorial: Marketing Method Patents

Filing a Patent Application
In this part of the tutorial we present the basics for filing a patent application. Coverage includes the major steps in completing a patent application. However, what is presented is only a “primer” and is limited to offering a brief overview of patent application process. For anyone interested in patenting a marketing method it is recommended that professional advice be sought. However, it is also very possible to apply and be awarded a patent without using a patent professional. For those interested in this approach we recommend the book Patent It Yourself by David Pressman published by Nolo.

Throughout this section we use the terms “inventor” and “invention” to signify who is filing the application and what the application is for. In applying these terms to business method patents we are obviously not talking about a single individual working alone in a garage workshop! The inventor is simply the person with an idea to patent a process and the invention is the process.

The United States Patent and Trademark Office (USPTO) provides two options for filing for a patent, although only one of these options can actually result in a patent. The first option, called a non-provisional patent application, involves the filing of a detailed document spelling out the invention in intricate detail as well as filing all necessary forms. In other words, this is the “real” patent application. The second option, called the provisional patent application, requires less detail than the non-provisional patent application, but by itself cannot result in a patent. Then why file a provisional patent application? The reasons will be outlined below.