OK wise guy, so you’ve got a brilliant idea that’s potentially worth millions billions. Congratulations—now the hard work begins.
As a patent lawyer who’s successfully obtained more than 70 patents for clients in various industries, I’ve seen the process more times than I can count. And while each application is unique, most of them share a common denominator in terms of process.
Without further ado, please enjoy the grossly oversimplified steps to how to patent an idea.
Step 1—Have an idea
Self-explanatory.
Step 2—Document your process
While this advice is somewhat dated, it’s still valid nonetheless. Proper documentation of your process is going to make filing your patent application much easier down the line, so it’s good to form the habit.
Scientists keep lab notebooks about all the experiments they run and they keep track of what works and what doesn’t. You should do the same thing. When you figure out a solution to a problem that you couldn’t otherwise solve, you want to note that in the margin. It might be something patentable.
Step 3—Build a prototype
Yes, you can file a patent without a prototype. You can use drawings, as detailed in a separate blog post, but I strongly recommend you build a prototype first. It will help familiarize you with your market but more importantly, if you can’t build a prototype at a reasonable cost, your idea may be doomed from the start. It is better to discover this before you spend a lot of time and resources on product development.
Inventors are always asking me about costs and I surprise many by asking them about revenues. Patents can be an expensive hobby. At every phase of development, you need to ask yourself whether your product can be sold profitably.
If you need help finding somebody to build you a prototype, please don’t hesitate to ask me to refer you to an engineering student at U.C. Davis.
Step 4—Hire a patent attorney
If you’re feeling gutsy, feel free to replace this step with “Step 4—File a provisional patent application yourself.” Seriously, I’m not going to stop you, and you’ll certainly save some money in this process.
But (and this is important!) if you’re trying to save money in your patent application process, you might have your priorities misaligned. The patent system is designed to protect and enhance your future revenue stream, not be an idea or startup or killer.
I’ve never filed a patent application unless I was convinced that it would add significant value to a client’s business, and I never will.
So there you have it, the grossly oversimplified process of how to patent an idea. If you’d like to hear the longer, more complicated version, please check out other articles on my blog or set an appointment with me to discuss your business.
This is the first post in an eight-part series called How To Patent An Idea. To continue reading, please go to the next post, How To Patent An Idea—DIY Or Call A Pro?