How Do I Patent a Product? A Step-by-Step Guide for Inventors
How do I patent a product? This step-by-step guide walks inventors through eligibility, filing, and costs. Book a free IP strategy call to protect your invention.
[INDUSTRY]Consumer products and brands
Consumer product patent attorneys for brands and inventors
We protect how your product works, how it looks and the brand on the box, timed around your launch, with one flat fee for each step.
Your attorneys
Andrew RapackeManaging Partner · Registered Patent AttorneyElectrical and computer engineering. Former Naval Engineering Officer.
Casey GoldenbergAttorney · Trademarks and Patent ProsecutionTrademarks and patent prosecution, from a scientific background.
[01]Who it's for
For the people who make everyday products.
From a first prototype to a brand adding to its line, the work starts the same way. Find out what is new, then protect it before it goes on sale.
Product inventors
People with a better everyday product, protected before the prototype goes to a manufacturer or a pitch.
Amazon and online sellers
Sellers building a brand on a marketplace, with the trademark Brand Registry asks for.
Crowdfunding and launch teams
Founders who plan to show the product to the public, filed before the campaign goes live.
Growing consumer brands
New filings for each product in the line, on predictable flat fees, so protection keeps pace with launches.
[02]What's protectable
Four things worth protecting in a product.
Most consumer products carry more than one kind of protection. A patent on how it works, a design patent on how it looks and a trademark on the brand each stop a different kind of copy.
01Utility patent
How the product works
The mechanism, the structure and a better way to do an everyday job. Claims are written around what makes your product work differently from what is on the shelf today.
- Kitchen and home goods
- Tools and hardware
- Pet, baby and outdoor products
- Methods of manufacture
Flat fee, quoted before work begins02Design patent
How the product looks
The ornamental shape and surface of the product, protected for 15 years from grant. The look customers recognize is often what a knock-off copies.
- Product shapes
- Bottles and containers
- Surface designs
- App and device screens
USPTO denies it, full refund*03Trademark
The brand on the box
Clear and file the brand name and logo before you print packaging or open a store. A registered or pending trademark is also what Amazon Brand Registry asks for.
- Brand and product names
- Logos
- Store names
Approved, or your money back*04Utility patent
Improvements and new versions
A new feature on a known product can be patentable on its own. Each version can be its own filing, so the portfolio grows with the product line.
- Added features
- New materials
- Accessories and attachments
Flat fee, quoted before work begins
Often both patents
A utility patent covers a copy that works the same way. A design patent covers one that looks the same. Many consumer products are worth protecting both ways, and your attorney tells you which on your first call.
[03]The flat-fee path
Search, provisional, utility. Flat fees at every step.
Every step is quoted before any work begins, and the search fee is credited when you file. Most product founders file a provisional before a crowdfunding campaign, a trade show or the first sale, then the full application within 12 months.
01Start here
Patentability search
$999
Patentable or your money back. Credited when you file
- An invention discovery call with your attorney
- A search of US and foreign patents and published applications
- A written patentability report and a review call
Report in about 5 days
Not patentable, full refund*02Then
Provisional patent
$2.5k–3.5k
- A strategy call to capture how the product works
- Drafted by a registered patent attorney
- You review and approve it before filing
Patent pending the day it is filed
Patentability issues, full refund*03Within 12 months
Non-provisional patent
$7k–12k
Drawings and USPTO filing fees included
- Claims and a full specification written for examination
- Formal drawings and USPTO filing fees
- Complex products quoted flat on your call
Filed before your 12-month deadline
Flat fee, not covered by the guarantee
Alongside the patent
- Design patentFor the product's shape and look, office actions included$3,200USPTO denies it, full refund*
- TrademarkFor the brand name, USPTO fee for one class included$2,000Approved, or your money back*
*Refunds subject to the RLG Guarantee Policy in your engagement letter. Utility (non-provisional) patents are quoted flat and are not covered by the guarantee. How The RLG Guarantee works
[04]Launch and marketplaces
Filing and launch. Time them together.
A patent decides who can make and sell the product. Your launch decides when the public first sees it. Once a product is public the clock on filing starts, and marketplace brand programs ask for a trademark.
PatentWho can make and sell it
- $99901$999SearchPatentable, or your money back
- File first02File firstProvisionalPatent pending, before launch
- Patent pending03Patent pendingTest the marketUp to 12 months to sell and learn
- Month 1204Month 12Full applicationWithin 12 months
- 05GrantedRights you can enforce
LaunchWhen the public sees it
- Use an NDA01Use an NDAPrototypeSamples and manufacturer quotes
- $2,00002$2,000TrademarkFiled before packaging is printed
- Disclosure risk03Disclosure riskCrowdfunding or preordersThe product goes public
- 04Store listingBrand Registry with your trademark
- 05LaunchSales and marketing
File before you go public
A crowdfunding page, a preorder, a trade show booth or a social post can make an invention public. The US gives you one year after your own disclosure, but most other countries do not. File at least a provisional first.
Selling first is not protection
Being first to market does not stop a copy. A patent stops products that work or look the same, and a trademark stops sellers using your brand.
How to deal with knock-offsBrand Registry starts with a trademark
Amazon Brand Registry asks for a registered trademark or a pending application for your brand name or logo. File the mark before you build the listing.
When Amazon sellers copy your productUse the 12 months
A provisional gives you patent pending status for 12 months while you test demand. The full application must be filed before that window closes to keep the earlier date.
How to patent a product
General information, not legal advice. Marketplace programs set their own rules and change them over time.
[05]Related services
Services for consumer product companies.
One firm for the patent, the brand and the agreements around them.
- Design patents, covered by The RLG GuaranteeProtect how the product looks
- Utility patentsProtect how it works
- Provisional patents, covered by The RLG GuaranteePatent pending while you test the market
- Trademarks, covered by The RLG GuaranteeRegister the brand and product names
- Cease and desist lettersTell a copier to stop
- IP licensing agreementsLicense a product or design in or out
- Patent litigationEnforce or defend a product patent
- Trademark litigationStop others using your brand
[06]Questions
Before you file.
Still deciding? Your first call is free and comes with a straight answer on whether to file.
Book A Free Strategy CallDo I need a utility patent or a design patent for my product?
Often both. A utility patent protects how the product works. A design patent protects how it looks. A competitor can design around one and still copy the other, so many consumer products are worth protecting both ways. The patentability search shows which is stronger for yours.
Should I file before or after I launch?
Before, if you can. A sale, a preorder, a crowdfunding page or a public demo makes the invention public. The US gives inventors one year after their own disclosure to file, but most other countries require filing before any disclosure, so a provisional before launch keeps both options open.
Do I need a trademark to sell on Amazon?
Not to sell, but Amazon Brand Registry asks for a registered trademark or a pending application for your brand name or logo, and it is how brands get Amazon's tools for reporting infringing listings. Our trademark flat fee is $2,000, with the USPTO fee for one class included.
Can a patent stop knock-offs?
A granted patent lets you act against products that copy what it claims, with a demand letter, a marketplace complaint or a lawsuit. Patent pending status warns copiers, but the rights become enforceable when the patent is granted. A trademark covers the other side, sellers using your brand name.
How much does a consumer product patent cost with your firm?
Flat fees at every step. A $999 patentability search, a provisional application at $2,500 to $3,500 depending on the invention, a design patent for $3,200 and a non-provisional application at $7,000 to $12,000 with drawings and USPTO filing fees included. Every fee is quoted before work begins, and the search fee is credited toward your application.
What does The RLG Guarantee cover for consumer products?
The patentability search, the provisional application, design patents and trademarks. If the search finds your invention is not novel, you get a full refund or another search. If patentability issues come up on your provisional, a full refund or more searches. If the USPTO denies your design application, you get a full refund. If it refuses your trademark, you get a refund or a new mark. Non-provisional applications are not covered. Refunds are subject to the RLG Guarantee Policy in your engagement letter.
[07]Learning Center
Go deeper on protecting a product.
Design Patent vs Utility Patent: Shield Your Product Design with the Right Legal Protection
One of the most common questions we encounter during our initial consultation is what type of patent application do I need? What are the differences between a design…
Aesthetics Matter: Protecting Your Products with Design Patents
Design patents tend to be one of the more overlooked patents available. While they aren’t the strongest form of protection on their own, they do provide a valuable layer…
How To Deal with Knock Offs Trying to Ruin Your Products and Brand
Trying to stop counter fitters from undercutting your price and stealing your revenue is like a game of whack-a-mole. Just when you think you’ve won another one pops up…
Who’s to Blame When Amazon Sellers Steal Your Product Ideas?
People have been trying to protect their intellectual property for years. In fact, the first trademark legislation passed in the English Parliament in 1266. This task has…
Amazon Brand Registry Requirements
Selling your products on Amazon gives you a well-established and highly trafficked platform to reach potential customers, especially when you consider that 89% of…
[08]Client reviews
Founders who filed with us.
4.7 across 614 public reviews on Google, Trustpilot and Avvo.
#1Top reviewed IP law firm*
Read client reviews“I wanted to patent one of my jewelry designs and it was a very smooth process for me as all the details were taken care by the firm.”
Alex TorresDesign patent · Client review “Their writing allowed for protection of my invention's most important aspects, as well as giving me room to modify and adapt my product.”
Andrew WebberProvisional patent · Client review “Making a complex process feel manageable and well-supported.”
Distress Bandanna, Inc.Client · Client review
Reviews reflect individual client experiences. Quotes are excerpts. Prior results do not guarantee a similar outcome. *#1 top reviewed means the most public client reviews on Google, Trustpilot and Avvo of any US patent or trademark firm.
Protect the product before you launch.
Talk through your product with a registered patent attorney. The call is free, with no obligation.