How to Patent an Idea: The Complete Guide

While patents aren’t quick or inexpensive to obtain, they give you exclusive rights to your invention—meaning no one can make, sell, or use it without permission. Despite the complex process and high rejection rate, thousands of inventors still secure patents through the U.S. Patent and Trademark Office (USPTO) each year. 

With the right concept and preparation, you can turn your idea into a patent, too. Here’s what you should know before you apply. 

Can you patent an idea?

You can’t technically patent an idea alone, but don’t let that discourage you. What you can patent is a fully developed invention that puts your idea into practice. 

To qualify for a patent, according to the USPTO, your invention must be: 

• Useful. It needs to work and have some sort of use case (i.e., it can’t just exist as a theory or concept). 
• Well-documented. You’ll need clear, detailed instructions showing how to make and use your invention. 
• Novel. It must be new (i.e., no one else has created or publicly shared it before).
• Non-obvious. Your invention can’t just be a simple or predictable modification of something that’s already been invented. 

Before you begin the process, you’ll first need to identify which type of patent best aligns with your vision. 

Types of patents

The USPTO issues three types of patents: utility, design, and plant. Here’s what you should know about each type. 

• Utility patents protect how something works or functions. This includes new processes, machines, products, or chemical compositions (including improvements to existing ones). 
• Design patents protect how something looks, including original designs, shapes, configurations, or decorations. However, design patents don’t cover functional features.
• Plant patents protect new varieties of plants that have been asexually reproduced (i.e., not grown from seeds). 

For plant and utility patents, you have the option to start with a provisional application—a simpler filing that secures a filing date for up to 12 months. You’d then submit a nonprovisional application within those 12 months to apply for the full patent.  

How to patent an idea in 7 simple steps

Once you’ve decided which type best describes your idea, you can follow these steps to start the patent filing process with the USPTO. 

Step 1: Develop your idea into an invention

Given the narrow requirements to establish a patent, you’ll need to transform your idea into something more concrete and patentable. In other words, you’ll want to develop and test your invention until you can explain how it works and exactly what makes it unique. 

There’s no single method to this, but you can start by trying these tasks: 

• Create detailed descriptions of how your invention works.
• Make sketches, drawings, and diagrams of your invention (including from multiple angles).
• If possible, build a prototype. 
• Record the development process and any results from testing.

Your ultimate goal is to become an expert on your invention. The details and granularity cannot be stressed enough—you should be able to clearly explain what problem it solves and what makes it different from anything else discovered. 

Step 2: Conduct a patent search

Next, you’ll cross-reference your invention with others to ensure it’s truly unique and novel. Keep in mind that if someone has already patented your invention or created similar prior art, your application will be rejected, and you’ll lose the time and money invested in the process. 

You’ll want to research existing patents and pending applications that might be similar to your invention. At this stage, many inventors work with intellectual property or patent lawyers to conduct a thorough search. Still, you can use these free databases to look up existing patents by keyword, classification, inventor, and other relevant fields: 

• USPTO Patent Public Search
• Google Patents (can also use this to search for international patents, if desired) 

You can find other patent databases online, including specialized tools for specific industries or regions. Better yet, you can use LegalZoom’s patent search services to get a comprehensive report for your invention at a fixed cost. 

Step 3: Choose the right type of patent application

As discussed, you have the option to file a provisional application for a plant or utility patent This gives you up to a full year to prepare a stronger nonprovisional application, not to mention test market demand, gauge investor interest, or continue refining the concept. During this period, you can even apply “patent pending” status to your invention. 

Provisional applications also have fewer paperwork requirements, but you’ll eventually need to submit all required documentation with your full application. When you get to this point, the nonprovisional application will lead directly to patent review. 

However, keep in mind that it’s a tedious and complex process where even small mistakes can lead to rejection. 

Step 4: Prepare and file your patent application

Each type of patent has its own application, all of which are submitted through the USPTO’s online Patent Center. You can also work with LegalZoom to submit a provisional, utility, or design patent application. Simply tell us about your patent idea, and we’ll have a USPTO-registered patent attorney prepare your application. 

For a provisional application, you’ll need to submit a cover sheet that includes the following: 

• Names and residences of all inventors
• Invention title
• Attorney information (if applicable)
• Correspondence address
• Any U.S. government property interest

For nonprovisional applications (utility, design, or plant), you’ll need these forms and information: 

• Application transmittal form
• Fee transmittal form
• Application data sheet
• Specification
• Drawings
• Oath or declaration

Important: Each patent type has its own specific forms, requirements, and rules. Be sure to visit the USPTO’s website and review the applicable patent guide (found in the left column). You’ll also need to pay the necessary fees along with your application (see more below). 

If at any point you have questions, aren’t sure what to do, or want to review your application, it’s best to consult a knowledgeable attorney such as the ones you can work with via LegalZoom’s patent products. 

Step 5: Respond to USPTO communications

After submitting your application, the USPTO will first review it for accuracy. If they find any issues or need additional information, they’ll follow up with instructions on what you need to fix and how to respond. 

Later, the office will assign an examiner to review your actual application and determine whether your invention meets the requirements to receive a patent. It’s worth noting that this can take several months (if not years), but you can check the current status in the Patent Center. 

When the time comes, your patent examiner will notify you via “office actions” if you need to make any corrections or, if your application was rejected, the reasons for that decision. You’ll need to timely respond to any office actions in order to keep your application moving forward. 

While this can feel frustrating, remember that about 89% of patent applications get rejected on the first try. Most successful patents go through multiple rounds of review and revision before approval, so it’s perfectly normal if you receive an initial rejection. 

Step 6: Get approval and pay fees

Once your application is approved, the patent examiner will send a notice of allowance and outline the final fees you owe. While you pay an initial filing fee when you submit your application, the USPTO also charges an issue fee and, in some cases, a publication fee. 

These fees must be paid within three months of the notice date—and this deadline cannot be extended. The examiner will specify the exact amounts in your notice, so review it carefully and submit payment promptly to avoid losing your patent status. 

Step 7: Maintain your patent

Throughout the life of your patent—up to 20 years for utility and plant patents or 15 years for design patents—you want to stay ready to protect your rights. If someone uses or copies your invention without permission, you should contact a lawyer immediately to discuss your options and take action. 

Additionally, you’ll need to pay maintenance fees for utility patents at 3.5, 7.5, and 11.5 years after your patent is granted. While you have a six-month grace period after each deadline, you’ll face penalties for late payments and could risk losing your patent rights entirely. 

The USPTO won’t send reminders, so mark these dates carefully or work with a patent attorney to track upcoming deadlines. 

How much does it cost to patent an idea?

The all-in cost to get a patent ranges from a few thousand to $20,000 or more, depending on your invention’s complexity and whether you work with a patent attorney. Note that all of these fees are subject to change and vary based on your entity size. Here’s a sample breakdown.

Immediate filing costs (filing, search, and examination fees)

• Provisional patent filing fee: $60 to $300
• Utility patent filing fee: $0 to $320
• Design patent filing fee: $44 to $220
• Plant patent filing fee: $44 to $220
• Search fees: $32 to $700
• Examination fees: $128 to $800 
• Attorney fees (optional): $300 to $400 per hour or more

Future costs

• Patent issue fees: $148 to $1,200 (due upon approval)
• Patent publication fees: $0 to $320 (if required)
• Maintenance fees: $400 to $7,700 per payment (utility patents only) 

You should also consider the costs of creating patent drawings, diagrams, or illustrations, not to mention responding to office actions to correct your application. However, you can keep the price more predictable by using LegalZoom’s patent service. 

Mistakes to avoid when patenting an idea

The success of your patent application largely depends on how much work and care you put into the process. Here are five common mistakes to avoid: 

1. Publicly revealing your invention before filing

You want to keep your idea under wraps until you’ve at least filed a provisional patent application. Otherwise, sharing details on social media, at trade shows, or in casual conversations gives competitors a chance to copy your idea. 

You might even consider drafting nondisclosure agreements (NDAs) if you want to discuss your invention with investors or partners. 

2. Not conducting a thorough patent search

Many inventors find out that similar patents exist only after spending thousands on their applications. Although it might seem harmless and saves money, you don’t want to skip (or put minimal effort into) the patent search—this is arguably the most important step of the entire patent application process.

3. Providing incomplete or vague documentation

The USPTO needs enough detail so that someone in your field can theoretically recreate your invention based on your application alone. However, many patent applications fail because of unclear descriptions, poor-quality drawings, or missing technical details. 

Even if approved, a vague patent can be difficult to enforce if someone infringes on your rights. As a result, you want to know your invention inside and out and have the details to back the claims in your application. 

4. Not budgeting for the full patent process (time and money) 

Besides the initial filing fees, you’ll eventually pay for examination fees, possible amendment and correction costs, and maintenance fees that extend months into the future. All things considered, the process can take several years, so you want to plan ahead and know what you’re committing to before proceeding. 

5. Trying to work through the process without attorney guidance

While it’s possible to file any patent application yourself, the nuances of patent law make this extremely risky. Self-filers can easily overlook technical errors or formatting requirements, and the USPTO doesn’t offer refunds for accidental omissions. Though a considerable investment, hiring a patent attorney helps avoid costly mistakes and strengthen your patent’s value. 

Let LegalZoom help patent your idea

LegalZoom’s network of USPTO-registered patent attorneys can guide you through the entire patent process, from initial filing to final approval. Here’s how:

• Tell us about your invention. Take a brief questionnaire so we understand the best way to assist you. 
• Get support. A USPTO-registered patent attorney will review your invention, recommend the best strategy, and prepare your application to meet USPTO standards. 
• File with the USPTO. We’ll handle your patent filing and keep you updated on the progress of your application. 

Each package comes with transparent, upfront pricing and ongoing support from patent professionals who understand what it takes to secure strong protection for your invention. Instead of taking the risk and submitting an invalid application, why not connect with LegalZoom and see if it’s worth it yourself? 

FAQs

Is it worth it to patent an idea? 

Remember that you can’t patent an idea alone—it must be developed into a concrete invention first. Once you get to this point, obtaining a patent for your invention can certainly be worth the high investment. Still, you should consider your market potential and competition. 

How long does it take to patent an idea?

The entire patent application can take several years. This includes time to develop your idea into a working invention, conduct patent searches, prepare documentation, and wait for the USPTO to review your application. Most applications face at least one rejection, so you should at least plan for one to three years. 

Can I patent an idea myself for free?

While you can file a patent application without an attorney, you’ll still need to pay USPTO filing fees, which range from hundreds to thousands of dollars. You may also need to hire professionals for technical drawings or documentation. 

What happens if my patent application is rejected?

Patent rejections are common and usually come with detailed explanations of issues you’ll need to address. You can respond with modifications, clarifications, or arguments supporting your application. After two rejections, you can appeal the decision to the Patent Trial and Review Board (PTAB). If you’re unsure how to correct any errors, it’s best to consult a patent attorney for advice. 

Can I sell my invention idea without a patent?

You can technically license or sell your invention without a patent, but this carries risks. Without patent protection, you have limited legal recourse if someone copies your invention. As a result, you should always use strong confidentiality agreements and speak with an attorney to protect your invention’s commercial value.