How To Patent an Idea in 9 Steps: 2025 Guide

You’ve invented a groundbreaking product, but fear copycats will steal your idea once it hits the market. Patents can help protect your business, though they’re not foolproof.

The United States Patent Office granted 324,043 patents in 2024, almost twice as many as in 2000. But, patent invalidation rates have been on the rise since 2019, and sat at 71% in the first two quarters of 2024. 

Despite challenges, patents remain the most robust tool for protecting intellectual property in the US. In this 2025 guide, you’ll learn what a patent is, how the process works, real costs, and a nine-step path for creating a successful patent application.

What is a patent?

A patent is a legal tool enshrined in the US Constitution to protect intellectual property. Specifically, a patent is a document that declares ownership of an invention, much like a deed proves ownership of real estate.

How do patents work?

The United States Patent and Trademark Office (USPTO) issues patents in exchange for registration fees, and issuance grants the patent holder “exclusive rights.”

Exclusive rights allow the patent holder to “exclude others from making, using, offering for sale, or selling” the invention covered by the patent domestically or imported from overseas. While acting as a central clearing house for patent and trademark information, the USPTO doesn’t enforce patent rights. Those rights are enforced through the civil court system.

Infringement is a common challenge despite the protection of a patent. Patent infringement occurs when a third party makes, uses, sells, or imports a patented invention without the patent holder’s permission. 

Patent holders must be prepared to enforce their rights through the legal system, which might involve litigation to get compensation or prevent further infringements.

Why get a patent?

A patent is a way to claim ownership of your invention. It gives you the right to stop others from copying, selling, or using your creation without your permission. But why go through all the trouble? 

• Protection: A patent can keep copycats at bay and give you peace of mind.
• Financial opportunity: Your brilliant idea could lead to financial success. With a patent, you can sell your invention to companies, license it out, or even start your own business.
• Credibility: Having a patent shows you’re serious about your product. It can impress investors and make you stand out in your industry.

If you think your invention could be significant, getting a patent is worth considering. “You could have the best idea in the world, but if people then go and rip it off, the one thing you can do on the front end is try to protect yourself,” says Cassidy Caulk, founder of innovative shoe and accessories brand Kindred Label.

How much does it cost to patent an idea?

Getting a patent in the US can cost anywhere from $1,000 to over $20,000. The price depends on how complex your invention is and whether you’ll file it yourself or hire a patent attorney.

• DIY: If you file on your own, you pay the required fees to the USPTO. This could be anywhere from $1,000 to $2,000.
• Working with an attorney: Costs more but gives you a better chance of securing a patent. Their fees can range anywhere from $8,000 to $20,000, plus the USPTO fees. 

A general rule of thumb is that the more complex your invention, the more expensive it will be to patent. A simple mechanical device will cost less to patent than complex software or a pharmaceutical compound. 

Hidden and ongoing costs

Patenting an idea involves additional costs beyond the initial filing fee:

• Drawings: Professional patent drawings help examiners understand your product’s features. They are mandatory for some patents, like design or chemical. They usually run you between $300 and $1,000, depending on how many sheets you need.
• Issuance fee: The fee to have your patent granted ranges from $258 to $1,290.
• Maintenance fees: To keep your patent active, you pay fees at 3.5, 7.5, and 11.5 years after it’s granted. These get more expensive over time.

USPTO fee breakdown by entity size

The US Patent Office gives discounts to small inventors. Who you are changes what you pay:

• A large entity pays the full, standard fee.
• A small entity (individuals, nonprofits, small businesses under 500 employees) gets a 60% discount.
• A micro entity (low-income companies that haven’t filed for many patents) gets an 80% discount. 

Here’s a breakdown of the current fees for an e-filed utility patent according to the USPTO:

Design patents have no maintenance fees. The fees to grant are:

• Large: $2,600
• Small: $1,040
• Micro: $520

How to patent an idea for free or low cost

If you’re short on cash but confident your idea requires a patent, here’s how to save on costs:

1. Claim the right discount: Getting micro or small entity status can lower filing, search, exam, issue, appeal, and maintenance fees. File the appropriate certification with your application. 
2. Start with a provisional filing: It gives you a patent pending status for one year while you test and refine your idea.
3. Use free or low-cost legal help: The USPTO Patent Pro Bono Program offers under-resourced inventors free patent counsel at no charge. Many law school clinics draft and file applications for free under faculty supervision.
4. File in DOCX: The USPTO adds an extra fee if you don’t file documents in the DOCX format, ranging from $120 to $430, depending on the entity type.
5. Respond to office actions on time: An office action is a written notice from the USPTO examiner regarding your application.The patent office might have concerns or request amendments. Extensions can cost up to $235 per month for the first month and up to $3,395 by the fifth month. 

How to get a patent in 9 steps

1. Determine if patent protection is appropriate
2. Decide if your invention is patentable
3. Conduct a patent search
4. Determine what kind of patent you need
5. Prepare to submit your application
6. Submit your application
7. Work with your patent examiner
8. Get approved and pay the final fees
9. Consider protection outside the US

Applying for a patent is one of the more complex processes for protecting your intellectual property. While it’s possible to do it independently, consulting a patent attorney to help you prepare and submit the filing may be worth the investment. Here are the steps you’ll need to follow: 

1. Determine if patent protection is appropriate

If you want to protect a creative work, seek a copyright; for brand names, logos, or slogans, apply for trademarks. If you want to protect an invention, a physical product, or a design, patent protection is the right route.

2. Decide if your invention is patentable

To be patentable, an invention must be:

• Patentable subject matter: Under Section 101 of the US Code , “patentable subject matter” includes any “process, machine, manufacture, or composition of matter” or “any new and useful improvement thereof.”
• Useful: A patent’s usefulness is easily proved—it must offer some functional purpose.
• Novel: A patent is not novel if it was known to the public before the applicant filed it.
• Non-obvious: A patent is non-obvious if inventing it requires some advanced skill that an ordinary person couldn’t replicate.

3. Conduct a patent search

Ensure your invention is sufficiently novel by investigating whether anyone else has a similar existing patent. You can run a patent search through the USPTO online.

4. Determine what kind of patent you need

Do you need to file a utility patent application or one for a design or a plant patent?

For utility patents, which are most common, you have two main filing options:

1. Provisional patent application (PPA): Secures your filing date while you develop your invention further, but requires filing a full application within 12 months.
2. Regular (nonprovisional) patent application (RPA): The complete application that will be examined by patent offices.

Provisional vs nonprovisional patents

Overall, a provision application is good when you want to secure a filing date quickly. Maybe you want to show your invention to investors, customers, or the public and want to protect the IP. It’s also useful if you’re still developing your idea and need more time to build prototypes or gather data. 

If your provisional application doesn’t have enough detail, it won’t protect the final version of your invention. You cannot add new information later to cover details you left out. 

Another nuance about provisional filings is the deadline. You must file the full nonprovisional application within 12 months. If you miss the deadline, you lose your early filing date. 

5. Prepare to submit your application

Next, you’ll need to review the USPTO’s catalog of various patent registration fees and timelines. At this stage, once you understand how complex your application is, consider hiring a patent lawyer.

6. Submit your application

Use Patent Center, the USPTO’s electronic filing system, to file your patent application online. Your application must have all required parts (see the list below) and the appropriate fee. You can file either a regular patent application (RPA) or a provisional patent application (PPA). 

A PPA gives your invention a “patent pending” status and is less complex than applying for an RPA. An RPA is more detailed and goes through the complete patent examination process, explained below.

7. Work with your patent examiner

If your application is incomplete, the USPTO will notify you by mail of what’s missing and give you a limited period to update your application. If you don’t correct or complete the application, the USPTO will deny and return your application. 

If the USPTO accepts your application as complete, it will assign it to an examiner, who will review it to determine whether it meets the legal requirements of patentability. 

You’ll have opportunities to amend your application if the examiner finds you haven’t met legal standards. After two rejections, you can appeal the examiner’s decision to the Patent Trial and Appeal Board (PTAB).

8. Get approved and pay the final fees

If the examiner determines your application is satisfactory, you’ll receive a Notice of Allowance from the USPTO, which is an official letter saying your application has been approved. You must then pay an issue fee and possibly a publication fee before the patent is finally issued.

9. Consider protection outside the US

Protecting your invention in the US is important, but there’s a big market outside the country, too. In 2023, companies filed 3.6 million patent applications worldwide. New ideas are wanted globally.

International patent strategies

If you plan to expand or make your product in other countries, consider using the Patent Cooperation Treaty (PCT). This lets you apply for patents in multiple countries with just one initial filing. The most notable example is the European Patent Office (EPO), which allows you to pursue a patent in more than 40 European and neighboring countries.

Filing a PCT application gives you up to 30 months from your priority date to choose specific countries and pay the full national fees. During this time, you receive an International Search Report, which gives you a better idea of your invention’s patentability before you invest heavily in foreign filings.

Eighty-five percent of patent applications are handled by just five offices: China, US, Japan, South Korea, and the European Patent Office. Obtaining international patent coverage can help you stay ahead of competitors and reach a broader customer base.

3 types of patents

1. Utility patent
2. Design patent
3. Plant patent

Patent types fall into three main categories, and it’s important to know the details of each so you can apply for the correct one: 

Utility patent

Utility patents protect anyone who invents or discovers:

• A new and valuable process
• A machine
• An article of manufacture
• A composition of matter
• Any new and useful improvement of the above

Utility patents have a term of 20 years from the filing date and are considered more valuable than design patents because they cover the functional and structural aspects of an invention rather than just its ornamental features. This category is also used to protect software-related inventions, which are typically patented as a new process or machine.

To file for a utility patent, you’ll need to do the following:

1. Conduct a preliminary patent search.
2. Prepare a specification describing the invention in detail.
3. Draft claims that define the scope of protection.
4. Create drawings or prototypes, if necessary, to explain the invention.
5. Apply electronically through the USPTO’s Patent Center.
6. Pay the required fees (filing, search, and examination fees).

An examiner will then review the application and conduct a search of prior art, which includes things like existing patents, publications, or products that might show that your idea is not new. 

2. Design patent

The USPTO grants design patents to anyone who invents a new, original, ornamental design for an article of manufacture. This includes specifications for pieces of clothing, furniture, or consumer products.

A design patent protects an article’s appearance but not its functional features. It is granted for 15 years from the grant date and is typically easier to enforce against counterfeiters. 

The application process is a bit simpler:

1. Prepare drawings or photographs that clearly show the design.
2. Write a brief description of the drawings.
3. Apply electronically or by mail.
4. Pay the required fees.

An examiner will then review the application for novelty and non-obviousness. The process is often shorter than that for utility patents. 

3. Plant patent

The USPTO grants plant patents to anyone who invents and “asexually reproduces” any new variety of plant life. Asexual reproduction means you’ve produced the plant in some way other than through the germination of seeds—such as cutting or grafting.

A plant patent protects the entire plant. It excludes others from asexually reproducing, selling, or using the plant. It also has a term of 20 years from the filing date.

To apply for a plant patent, do the following:

1. Provide a detailed botanical description of the plant.
2. Include color drawings or photographs of the plant.
3. Explain the origin or parentage of the plant.
4. Describe how you have asexually reproduced the plant.
5. Apply electronically or by mail.
6. Pay the required fees.

A specialized examiner will review the application and look for the distinctness and newness of the plant variety. The patent office excludes tuber-propagated plants (e.g., potato plants) from plant patent protection.

Tip: Inventors can often seek multiple patents for the same invention (e.g., utility and design patents). Consider getting professional assistance from a registered patent attorney or agent to successfully guide you through the patent application process. 

Patent vs. copyright: Similarities and differences

Both patents and copyrights are legal tools for protecting intellectual property in the US and are devices of US federal law designed to protect intellectual property rights. 

Although they both preserve creative work, they cover different things. While patents protect the ownership rights of inventions such as machinery, consumer products, or product designs, copyright protects ownership of creative works such as books, film, and art. 

Patent checklist

Depending on what you want to patent and the type of patent you’re looking for, your application should include:

• Patent description: A patent description should include your invention’s name, purpose, components or steps, how the components interact, or how the steps are enacted. It should also include instructions for the invention’s use, descriptions to accompany drawings, and the benefits or alternative uses.
• Patent drawings: Your application must include drawings or schematics unless it’s for a method, materials composition, or chemical compound. These should be straightforward enough that they can be interpreted by a normal person. The drawings must capture all views and angles and be sufficiently labeled with reference markings. You can create line drawings, charts, photographs, computer-generated graphics, or hand illustrations.
• Inventor information: You must identify yourself and any co-inventors in your application. A co-inventor is anyone who contributed to the conception of your invention. It’s essential to make these identifications to insulate yourself from any competing patent claims or lawsuits down the road.

What you can and cannot patent

Your invention must be new and not obvious to get a patent, but some products are simply not patentable. You don’t want to spend time and money on your application only to find out you never had a chance. 

What you can patent:

• Inventions: New devices, machines, or processes that solve problems or improve existing solutions fall into this category. Think of groundbreaking technologies that change how we do things.
• Compositions: This covers new materials or mixtures. It could be an innovative plastic formula or a novel drug compound that treats a disease more effectively.
• Designs: A product’s unique appearance can be patented. This isn’t about how something works but how it looks.
• Plants: If you develop a new plant variety through breeding or genetic modification, you might be able to patent it.

What you can’t patent:

• Natural phenomena: Anything that already exists in nature is off limits. You can’t patent a newly discovered plant species or a mathematical equation you’ve uncovered.
• Abstract ideas: General concepts or theories not tied to a specific, concrete application won’t make the cut.
• Laws of nature: Fundamental scientific principles or physical phenomena are not patentable. These are considered fundamental truths of the universe, not inventions.
• Obvious improvements: Minor tweaks or changes to existing inventions that any expert in the field could easily come up with don’t qualify.
• Pure information: Lists of instructions or computer programs that are essentially just data aren’t patentable.

The role of a patent attorney

A patent attorney can help you get and protect a patent. They can determine if your invention is patentable and what type of patent is required. “Patents are a whole other language,” Cassidy says. “I knew how to translate [my part of] that language to the patent attorney because I’d taken the time to really deep dive into shoe manufacturing and the shoe language.

An attorney specializing in patent law can also write applications that comply with all USPTO guidelines. A minor oversight or poorly worded claim can leave loopholes for copycats to exploit.

They also:

• Handle all the paperwork: When the patent office asks questions or rejects parts of your application, your attorney can fix issues, include additional information, and appeal if needed.
• Protect your rights: If someone steals your idea, a law firm can help you take action against them.
• Plan for the future: They can help protect new versions or related ideas as your invention develops. 

While you can file some patents yourself, the system is complicated and getting expert legal assistance increases your chances of approval and protection.

Building a patent portfolio strategy

A patent portfolio can defend your market share and increase company valuation. If you plan your filings and grants to match to your product roadmap, your portfolio becomes a strategic business asset. 

Follow these steps to build a high-value patent portfolio. 

1. Align your portfolio with business goals: Clarify your objectives. Are you looking for defensive coverage to prevent lawsuits, ward off competitors, or create opportunities for licensing revenue? 
2. Continually harvest inventions: Create a systematic process for identifying patentable ideas. This can be done with a lightweight invention disclosure form and quarterly reviews with product and engineering leads. Capture a range of innovations, like data processing, hardware, and manufacturing techniques. 
3. Choose geographic coverage: Choose where to file based on where you manufacture, sell your products, or face competitors and copycats. You can use the PCT process to delay paying full costs while keeping options open. For European coverage, compare the benefits of a single Unitary Patent (UP) versus filing in individual countries.
4. Prioritize quality over quantity: Strive for a mix of claim types (like system or method) to cover inventions from multiple angles. For software and UI patents, it’s important to include evidence of a technical effect.
5. Regularly review your portfolio: Score and prune your assets to decide what to keep. Use structured tools, like the EPO’s IPscore, to rate patents based on their technical strength, market relevance, and enforceability.

Get legal and product together under a unified patent strategy. Create a budget that balances new filing with ongoing maintenance costs and solidify the process for extending patents to new regions. 

Maintaining your patent

• Pay your fees on time
• Watch out for copycats
• Decide when to take action
• Think about licensing
• Patent enforcement

After you get a patent, you still need to do a few things to safeguard it:

Pay your fees on time

For utility patents in the US, you must pay fees at 3.5, 7.5, and 11.5 years. If you miss these payments, you could lose your patent protection. Design patents don’t require these payments.

Watch out for copycats

The patent office won’t look for people copying your invention. You need to check online stores, competitor products, and trade shows to find anyone selling something too similar to yours. 

Decide when to take action

If someone copies your invention, you don’t always need to sue them. Sometimes sending a warning letter can be a cost-effective way to prevent infringement, and sometimes letting it go might be the wiser choice. 

Take Bitten Design, for example. “We own the worldwide patent for the mustache pacifier, but if you go and look on the internet and type in ‘mustache pacifier,’ there’s a load of copies,” says Al Cuttell, Bitten Design’s co-founder. The Bitten team believes legally stopping dozens of companies from copying their products isn’t feasible.

“We don’t want to spend time in such a negative way,” Al says. “We look at other companies who copy our products, and sometimes it’s quite nice because you realize that you’ve done something good that other people want.”

Think about licensing

You can let other companies pay you to use your invention. This gives you income without having to make and sell everything yourself.

Patent enforcement

Many people think that the USPTO enforces patents. In reality, the responsibility lies with patent owners to enforce their rights through the courts and other legal forums. 

1. Make the case for infringement: Build a claim chart that shows your patent claims against the infringing product or process. Keep in mind that in the US, damages are generally limited to the six years preceding the filing of a lawsuit.
2. Choose your enforcement path: Start by sending a carefully worded notice letter to the other party to explore a solution, like a licensing agreement. If you don’t settle on agreeable terms, you can file a lawsuit in a US federal court to seek monetary damages. If the goods are being imported into the US, you can file a complaint with the International Trade Commission (ITC). 
3. Prepare for a counterattack: In the US, defendants often file an inter partes review (IPR) with the Patent Trial and Appeal Board (PTAB), which is the USPTO’s internal appeals court, to challenge the validity of your patent. The PTAB issues a final decision about one year after initiating the review.

Pick your battle wisely. Focus on enforcing claims related to revenue-critical features in markets where legal remedies are meaningful, such as the UPC in Europe or the ITC for imported goods. 

Selling your patented product

Securing a patent for your product is the first step to getting it out worldwide. The real challenge lies in successfully commercializing it, which is where ecommerce platforms like Shopify come into play.

With Shopify, you can create a beautiful online store to sell your newly patented products. With secure payment processing and inventory management tools, Shopify simplifies the process of bringing your innovation to market.