A stepbystep overview of a patent application and maintenance process. The five stages of a patent process.Shoring up a patent claim involve exemplifying more compounds in as many plausible variations as you can think of, until someone cries "Halt! The first patent application OTC can file with the USPTO is a provisional patent application. Unlike patent agents or unregistered attorneys, a registered patent attorney can both render legal advice and also file and prosecute patent applications. Under US Code Title 35, the US Patent and Trademark Office (USPTO) issues three different types of patents: utility patents, design patents, and plant patents. One of the most basic things any new patent attorney or patent agent needs to learn is how to draft a patent application. Here's how to get a U.S. patent on your idea or invention without a lawyer. Follow these steps to do a patent search and file a patent application yourself. A patent grants the patent holder the exclusive right to exclude others from making, using, importing, and selling the patented innovation for a limited period.