Patent Your Invention, a Step by Step Patent Guide

What can you patent?

An invention, not an idea. To be patented it must be new, not obvious to someone in the field, and useful, and you must be able to describe how it works. See the requirements for a patent.

Step 1, document your invention

Write down how it works, sketch it, and date your notes. A clear record makes the application faster to prepare and helps show what you invented and when.

Step 2, research what already exists

A patentability search compares your invention with earlier patents and publications, so you know your chances before you file.

Step 3, prototype or provisional?

You do not need a prototype to file. A provisional application secures your filing date and patent pending status, and gives you 12 months to keep building before the full application is due. Read can you patent an idea without a prototype.

Step 4, file your patent application

Choose the right kind of patent. A utility patent protects how something works, and a design patent protects how it looks. The application describes the invention in detail and ends with the claims, which define exactly what the patent protects. The full walkthrough is in how to file for a patent.

Step 5, deal with rejections

Most applications get at least one office action, a letter from the examiner rejecting some claims. You answer with arguments and amendments, usually within three months, extendable to six. See patent office actions.

Step 6, get your notice of allowance

When the examiner agrees the claims are patentable, the USPTO issues a notice of allowance. You pay the issue fee, the patent is granted, and maintenance fees keep it in force over its life.

Step 7, monetize your patent

A patent can be used to sell your own product without copies, licensed to others for royalties, or sold. Read about patent licensing agreements.

Step 8, other considerations

Protection abroad. A US patent works only in the US, and a PCT application can hold your date in over 150 countries. Your brand. A trademark protects the product's name, which a patent does not.