5 Steps to Getting a Patent: A Detailed Walkthrough
3 minute read
May 17, 2024


Have you decided to get a patent for your new invention?

Patents give inventors exclusive rights to their innovations to protect them from competitors.

They also can become a significant source of revenue from licensing agreements.

Let’s dig into the five steps to getting a patent if you’re ready to start—or even if you’re still exploring your options.

Schedule a free consultation with a patent attorney today.

1. Conduct a patent search

Before proceeding with the patent process, you must determine whether your invention already exists.

A patent search involves:

  • Defining your invention and its key features
  • Developing a list of keywords, synonyms, and technical terms related to the invention
  • Conducting your initial search in patent databases and technical publications
  • Analyzing your findings and documenting the results

A patent attorney plays a key role in the search process, as they have access to tools and databases that are not readily available to the public.

They are also experienced searchers who can help you analyze the results in greater detail and provide tailored solutions for stronger patent applications.

2. Determine your patentability

Once you have confirmed your invention is new and unique, you can determine its overall patentability.

The criteria for patentability include:

  • Novelty: Your invention has not been publicly disclosed in any form before the filing date of the patent application (which you determined in the previous step)
  • Non-obviousness: It should not be obvious to someone with ordinary skills in your technical field
  • Use: It must have a practical application and function the way it’s described in the patent application

Your patent attorney will help you evaluate the criteria closely to ensure that your innovation will serve its intended purpose and meet the necessary regulatory standards. 

3. Prepare and file your patent application

Next, you must submit a detailed application that accurately describes your invention.

The application includes:

  • Specifications: A comprehensive explanation of what your invention does and how it was created
  • Claims: Legally defines what the patent covers and protects
  • Drawings: Visual representations of the invention that show every feature described in the claims
  • Abstract: A summary of the specifications

A well-prepared patent application is necessary to secure a patent.

Your patent attorney will ensure all application parts are properly drafted to meet legal standards.

4. Patent application is examined

After the application is filed, it undergoes a rigorous examination process involving an initial review and thorough examination to determine if it meets all legal requirements.

If the patent examiner needs clarification or discovers a problem, they will issue an office action.

You will be given a set period to respond, during which your patent attorney will analyze the objections and prepare amendments, arguments, or clarifications. 

5. Patent is granted

Once the patent office approves and grants a patent, you will receive an official document.

Most patent offices will also publish the patent grant, publicizing the details.

Receiving a patent grant unlocks the next phase of your invention: maintenance and strategic management.

Your patent attorney will offer support throughout this new phase and help enforce your patent rights if infringement is detected.

Get started with Stanzione & Associates, PLLC

We hope these five steps to getting a patent helped demystify the process.

Stanzione & Associates, PLLC, specializes in helping you harness the full potential of your intellectual property—backed by 30 years of experience.

Schedule your free consultation with a patent attorney today.

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