i have a small hot wheel racing track and i came up with a…

First off, note that there are deadlines to file a patent application. In the US, you have one year from any offer for sale, sale, public use or publication to file. In other countries, you typically have no grace period from public disclosure.

There are two types of patents available in the US: utility patents, which protect the way something works (e.g., apparatus, method, etc.); and design patents, which protect the ornamental design of something (not function).

Although not required, I recommend before beginning the patent process, you should first search the US Patent & Trademark database of patents to make sure no one invented the same thing or something similar. You can search at http://patft.uspto.gov/.

If no one has invented something similar or the same, you can file for a design and/or utility patent application. A design will require formal drawings and a brief description. The design application will be examined but almost always get approved after informalities are corrected. Time frame is about a year to two years to approval. A utility application will need drawings, a description of the invention with reference to the drawings, and a set of claims, which are long sentences describing the essence of your invention (minimum to make you invention work that is novel, non-obvious and useful). Once documents are prepared, you can file at: http://www.uspto.gov/patents/process/file/efs/index.jsp. However, I highly recommend you hire a patent attorney to prepare, file and prosecute your patent application(s). Your patent application will be examined for novelty, non-obviousness and usefulness. Time frame to approval can be 1 - 5 years (2-3 years on average). It is quite typical to get rejections though, which you can fight.

I hope this helps. Let me know if you need more information.