Protecting your groundbreaking startup idea is critical. After all, your innovation is the foundation of your business. Securing a patent safeguards your intellectual property and provides a competitive edge by granting exclusive rights to your invention.
But how do you get a patent on an idea? The patent filing process can seem overwhelming, especially for first-time entrepreneurs. Don’t worry—we’ve broken it down into clear, actionable steps to help you protect your idea and bring your startup to life.
By the end of this blog, you’ll understand how to document your idea, conduct a patent search, and confidently file your first patent application. Let’s get started!
Step 1: Document Your Idea Thoroughly
The first step on your patent journey is to document your idea meticulously. A patent is all about proof—proving you are the inventor and showing how your invention works.
What Should You Document?
- How It Works: Write down the purpose of your claimed invention and explain how it solves a specific problem. Include as much detail as possible about functionality and applications.
- Drawings and Diagrams: Visual aids like sketches, technical drawings, or blueprints help illustrate your concept. Be specific and label your designs clearly.
- Development Timeline: Keep logs of when and how you developed your idea. What changes did you make along the way? When was your prototype completed? These details can support your claim as the original inventor.
Pro Tip: A bound lab notebook (or even a digital equivalent with timestamps) is one of the best ways to organize your notes. It ensures no gaps in your records if you need to prove originality later.
Why Is This Step Important?
Detailed documentation strengthens your case during the entire patent application process. This diligence can also help prevent disputes if someone else claims ownership of a similar invention.
Step 2: Conduct a Patent Search
Imagine spending months (or years) developing an idea only to discover it has already been patented. Ouch. To avoid this scenario, you need to conduct a patent search. This step ensures your idea is unique and hasn’t already been claimed.
How to Conduct a Patent Search
- Start with the USPTO Database: The United States Patent and Trademark Office (USPTO) offers a free online database where you can search for existing patents. If you’re outside the U.S., check your local patent office’s website.
- Use Keywords Wisely: Search with variations of keywords that describe your invention. For example, “utility patent” or “patent protection” can help you uncover similar prior patents.
- Search Globally: The World Intellectual Property Organization (WIPO) and the European Patent Office (EPO) also have searchable patent databases to broaden your search.
When to Hire a Professional
While DIY searching is a great place to start, a registered patent attorney or search professional can dig deeper. They have access to proprietary tools and expertise to uncover more obscure results you may miss.
Step 3: Determine the Type of Patent You Need
Not all patents are created equal. Your idea’s nature will dictate whether you need a utility, design, or plant patent.
Types of Patents
- Utility Patent
- It covers new inventions or new and useful improvements to existing products/processes.
- Example: A new coffee machine that uses AI optimization to brew the perfect cup.
- Design Patent
- Protects the ornamental or aesthetic appearance of an object. It doesn’t protect functionality.
- Example: A unique bottle design for skincare products.
- Plant Patent
- This is for developers of new plant varieties that can reproduce asexually.
- Example: A patented strain of drought-resistant flowers.
Carefully assess which type of patent aligns with your invention. This choice will affect the application process and the scope of your protection.
Step 4: Prepare and File Your Patent Application
Once you’ve completed your market research, it’s time to file for patent protection. If you’re not yet ready to commit to a full-blown patent, consider starting with a provisional patent application.
Filing a Provisional Patent Application
- Provides a “patent pending” status for 12 months, giving you time to refine your invention or raise funding.
- Costs less than a formal patent application.
- Requires fewer formalities to get started.
Filing a Non-Provisional Patent Application
If you’re ready to secure full patent rights, follow this process:
- Gather Your Materials
- Include drawings, detailed descriptions, and claims about how your invention works.
- Submit Your Application to the USPTO
- Online submissions are faster and often preferred. Make sure all required forms and fees are included.
- Consider Assistance
- A patent lawyer can prepare a solid application that minimizes rejection odds and expedites this journey.
Include Tasting Notes (aka Claimed Benefits)
Your patent application needs to explain the “claims” of your patent clearly. Think of these as the unique features of your invention that provide value.
Step 5: Prosecution and Examination
After submitting your application, the USPTO will review it thoroughly. This review process is often referred to as patent prosecution.
What Happens During Examination?
- A patent examiner will test whether your invention meets the novelty and non-obviousness criteria.
- You may be required to provide additional information or clarify specific claims.
How Long Does This Take?
Patent prosecution can take 1 to 3 years, so patience is key. Staying organized and responsive to examiner requests will keep the process moving smoothly.
Pro Tip on Overcoming Rejections
Rejections are common during this stage—but they’re not the end of the road. Work with a patent attorney to revise and resubmit your application with stronger supporting evidence or modifications.
Long-Term Benefits of Patent Protection
Securing a patent is an investment in your business’s future. Here’s why it’s worth the effort:
- Exclusive Rights: A patent grants you exclusive control over your invention for up to 20 years (for utility patents), allowing you to monetize your innovation.
- Investor Confidence: “Patent pending” or “patented technology” on your startup’s pitch deck signals credibility and demonstrates innovation.
- Legal Safeguards: Patents deter competitors from copying your idea and provide legal recourse if they do.
Leveraging the patent process effectively, allows startups to build a competitive moat that drives long-term growth and success.
Next Steps on Your Patent Journey
Obtaining a patent for your startup idea might seem daunting at first. However, following these steps and enlisting expert help, you can safeguard your intellectual property and secure your competitive edge.
If you’re serious about protecting your breakthrough idea and navigating the complexities of patent applications, partnering with a law firm of seasoned patent attorneys can make all the difference.
Start taking that critical first step towards patent protection and long-term success today. Your startup deserves it!
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.
