By: John Cronin
Welcome to Invent Anything, where we explore how creativity, invention, and intellectual property all come together to shape innovation. In today’s post, I want to take you through the process of how to patent an invention step by step—something that every innovator, inventor, or entrepreneur needs to understand. Whether you’re just starting out with a fresh idea or you’re already in the market with an invention, this guide will walk you through each step. First we need to start with the basic elements that you’ll need before embarking on your patent journey.
Creativity—The Spark of New Ideas
Let’s start with creativity. You know that feeling when a lightbulb goes off in your head? That’s the spark of creativity, and it’s the beginning of every invention. Creativity is about coming up with something new and useful. But here’s the thing—what’s new to you doesn’t have to be new to everyone else. If you come up with an idea that’s fresh to you, even if someone else thought of it before, it still counts as a creative breakthrough.
Think of creativity as the raw material for everything that follows. It’s like finding the first piece of a puzzle—you’ve got something new, but you’re not done yet. Creativity is the start, but invention is where things really get interesting.
Invention—Making It Work
Once you’ve got your creative idea, it’s time to take it further. Invention is all about turning that idea into something new, useful, and non-obvious. Now, what does that mean? Well, not only does your invention need to be new and useful (like creativity), but it also has to be something that isn’t immediately obvious to others.
This is where things get exciting. You’re not just imagining something cool—you’re figuring out how to make it work in a way that no one else has thought of. It’s the difference between daydreaming about flying cars and actually building one. Invention is practical, hands-on, and ready to be shaped into something you can protect.
Innovation—From Mind to Market
Next comes innovation, which is about taking your invention and turning it into something you can sell in the market. It’s the bridge between what you’ve dreamed up and what people actually use. When you innovate, you’re not just working in your garage anymore—you’re developing systems, methods, or business models to bring your invention into the real world.
Think of innovation as moving from a sketch to a full-fledged product. It’s about making sure your invention can thrive out there, whether it’s on store shelves or in the hands of customers. And once you’ve got something people want, that’s when intellectual property (IP) comes into play.
Intellectual Property—Protecting Your Innovation
At this point, you’re probably asking, “How do I keep others from copying my invention?” That’s where IP steps in. Intellectual property is like a shield for your invention, ensuring that no one else can use, make, or sell it without your permission. There are different types of IP protection, but for our purposes, let’s focus on patents.
A patent is a powerful tool because it gives you the right to stop others from making, using, or selling your invention—at least in the country where you have the patent. But here’s the kicker: just because you have a patent doesn’t mean you can automatically produce your own product. Why? Because your invention might use components or processes that are already patented by someone else, so you might need a license to actually make or sell it.
Think of a patent like a legal fence around your idea. It’s great for keeping competitors out, but to get the full value, you need to know how to navigate the patent landscape.
Strategies for Strengthening Your Patent Application before your start
Here’s a secret many inventors don’t know: once you have your patent, you can still improve your position by “inventing on top of yourself.” What does that mean? Let’s say you’ve got your invention patented, but you know that others might try to make improvements on it. By patenting improvements or filing what’s called an enabled publication, you can block others from patenting their upgrades and force them to rely on your original invention.
This strategy is all about thinking ahead. If you can anticipate where competitors might try to take your invention, you can protect your innovation even more effectively. It’s like building a moat around your castle—making it harder for others to get in.
Filing the Patent—How to Patent an Invention Step by Step
Now, filing for a patent isn’t just about paperwork. There’s an art to it.
Step 1: Define What You’re Patenting
Get clear on the unique aspects of your invention. What makes it stand out? If you’re unsure, talk to a professional. They can help identify what’s actually new and patentable.
Step 2: Document Everything
Write down every detail. Title, description, steps, materials, how things connect—everything. Sketch diagrams, and label each component clearly.
Step 3: Broaden Your Scope
List alternatives—materials, steps, systems—that achieve the same results. This makes your patent broader, harder to circumvent. You want to make sure your patent is as strong as possible, which means considering things like continuation strategies—basically, ways to extend your patent and cover more ground over time. One patent can be worth hundreds if you do it right.
Step 4: Search for Prior Art
Check if your idea has already been patented. Use the USPTO.gov or Google Patents to see what’s out there. This not only helps avoid duplication but also sharpens your focus on what’s truly unique.
Step 5: Get Legal Help or File Pro Se
If possible, hire a patent attorney. They can draft a stronger application. If that’s not feasible, you can file Pro Se, but be prepared—it’s challenging.
Step 6: File Your Application
Submit your patent application to the USPTO with all required documents. Be ready for fees and potential rejections.
What to Expect Next
- Filing Fees: Initial cost for submission.
- Prosecution: Expect back-and-forth with the patent office, including rejections and amendments.
- Issue Fees: Once approved, you’ll pay an issue fee.
- Maintenance Fees: Keep your patent active over time.
Assert Your Patent
After issuance, you can enforce your patent rights. This means you can prevent others from using your invention without permission.
Remember, filing a patent isn’t just paperwork—it’s strategy. Protect your work, expand your reach, and think long-term. Your invention deserves it.
And here’s another pro tip: sometimes, it’s smart to patent part of your invention and keep another part a trade secret. This way, even if someone cracks your patent, they won’t have all the information they need to replicate your invention. It’s like having a secret ingredient that only you know about, even though everyone can see the rest of the recipe.
You Can Invent Anything
The journey from idea to patent is one that every innovator can take, and it’s not as complicated as it might seem. Start with creativity, build it into an invention, turn that invention into innovation, and protect it with intellectual property. Each step is a way to strengthen your idea, making sure it not only works but thrives in the marketplace.
So whether you’re just getting started or you’re ready to learn how to patent an invention step by step, remember—you can invent anything. Keep thinking, keep building, and don’t be afraid to protect what’s yours. Until next time, keep inventing!
