Many people assume patents are awarded simply because an invention is new or impressive. A patent is not a prize for creativity; it is a legal right granted through a structured and often rigorous process.
Understanding that process helps explain why some inventions receive strong patent protection, others receive narrow protection, and many never become patents at all.
Step 1: Turning an Idea into an Invention
Patent law does not protect ideas by themselves. An invention must be described in detail so that someone skilled in the field could make and use it.
This is the moment where abstract concepts become concrete where “what if” becomes “here’s how.”
Step 2: Comparing the Invention to What Already Exists
Before a patent can be granted, the invention is compared against existing knowledge, known as prior art. This includes earlier patents, published applications, academic papers, products, and public disclosures.
The question is not just whether the invention is new, but whether it is meaningfully different from what came before.
Step 3: Drafting the Patent Application
A patent application is part technical explanation and part legal definition. It must describe the invention in detail while also defining the legal boundaries of what the patent will protect.
The most important section is the claims. These sentences define the scope of the patent, what others are legally prohibited from making, using, or selling without permission.
Step 4: Examination by the Patent Office
Once filed, the application is reviewed by a patent examiner. The examiner evaluates whether the invention meets legal requirements such as novelty and non-obviousness.
Most applications receive at least one rejection. This begins a written exchange between the applicant and the examiner, where arguments are made, claims are amended, and the invention’s legal scope is refined.
Step 5: Granting the Patent
If the examiner agrees that the application meets the legal standards, the patent is granted. The patent holder then has enforceable rights, typically for up to 20 years from filing, to exclude others from practicing the claimed invention.
If agreement cannot be reached, the application may be finally rejected or appealed.
Why This Process Matters
The patent process shapes the value of the patent itself. Strong patents are rarely accidental — they are the result of careful drafting, strategic decisions, and a clear understanding of how the law evaluates inventions.
Looking to Protect Your Intellectual Property?
Please contact Arlen Olsen at Schmeiser, Olsen & Watts LLP at aolsen@iplawusa.com.
About the Author
Mr. Olsen, a former adjunct professor of intellectual property law, has over 30 years of experience in all aspects of intellectual property law. Mr. Olsen is a founding Partner of Schmeiser, Olsen & Watts LLP and a former United States Patent Examiner. Mr. Olsen has prosecuted numerous patents that have been litigated and received damages of over 60 million dollars. Additional activities include teaching seminars, appearing as a guest lecturer on intellectual property matters for corporations and educational institutions, and evaluating and consulting with clients regarding the scope, enforcement, and protection of intellectual property rights.
