How to patent an idea

You can't patent a bare idea — you patent a specific invention: how it's built and how it works. Here's the path most US inventors follow, from first sketch to filing.

1. 01Keep it confidential

   Don't post, sell or pitch the invention publicly before you file. The US gives a one-year grace period after your own disclosure, but most other countries don't. Use an NDA when you must share it.

2. 02Write down exactly how it works

   Record dated sketches, dimensions, materials and every variation you can think of. The patent protects what you describe, so detail matters.

3. 03Make sure it qualifies

   An invention must be new, useful and non-obvious. Decide the type: a utility patent covers how something works (about 20 years from filing); a design patent covers how it looks.

4. 04Search existing patents

   Search USPTO Patent Public Search and Google Patents with many different keywords. Note the closest matches and what makes yours different — that difference is what you'll claim.

5. 05File a provisional application (optional)

   A provisional is a lower-cost filing that gives you "patent pending" status and a filing date for 12 months. You must file the full application within that year or lose the date.

6. 06File the non-provisional application

   This includes the description, drawings and claims — the legal sentences that define your protection. Claims are where a patent attorney or agent adds the most value.

7. 07Respond to the examiner

   A USPTO examiner will usually push back on some claims. You reply with arguments or amendments until the patent is allowed, then pay the issue fee.

This guide is general information, not legal advice. Rules and fees change; check uspto.gov and talk to a registered patent attorney or agent before filing.