Patent Attorney and Founder
The patent process might seem complex, but at Bold Patents, we’ve simplified it into three distinct phases: Patentability, Patent Pending, and Profitability. Whether you’re a first-time inventor or an experienced innovator, this guide breaks down the process into 9 actionable steps that can transform your idea into a profitable reality.
Phase 1: Patentability
Laying the Foundation for Your Patent Journey
Step 1: Don’t Go It Alone
The first step in your invention journey is to find support. As an inventor, it’s easy to feel isolated, but you don’t have to navigate this alone. Seek out a mentor, partner with a qualified patent attorney, and surround yourself with a team that shares your vision. Collaboration is key to success, and working with trusted counsel ensures you’ll have the expertise and guidance needed to bring your idea to life.
Step 2: Discovery – Finding the Right Attorney
Choosing the right patent attorney is one of the most important decisions you’ll make. Do your research and interview multiple attorneys to ensure they align with your goals. Check credentials, technical expertise, and client reviews. Decide whether virtual or in-person consultations work best for you and confirm that the attorney understands your specific type of invention. Don’t just rely on a website; verify their qualifications to ensure they are the right fit for your journey.
Step 3: The Legal Consultation
Prepare thoroughly for your consultation by organizing your invention details. Your attorney will assess whether your invention is patent-eligible under 35 USC §101, determining if it falls into one of four categories: machine, method, composition of matter, or assembly. Additionally, consider whether to proceed as an individual or form a business entity for your invention. This foundational step helps shape the strategy for your patent application.
Step 4: Kickoff Patent Search
Your invention disclosure is the first formal documentation of your idea. During this phase, you’ll detail your invention through written descriptions, technical drawings, and prototypes. Be thorough—this step is the cornerstone of your patent application and ensures your invention is clearly and completely described for the patent examiner. Once the invention is understood, leave it to us to perform a world-class patent and non-patent literature search to confirm whether your invention is novel, non-obvious, and merits filing a patent application. Find out in this step whether you can proceed to Phase 2.
Phase 2: Patent Pending
Securing Your Rights and Building Momentum
Step 5: Filing a Provisional Patent Application
The provisional patent application is a strategic move that offers two critical advantages. First, it establishes a priority date, securing your spot in line under the “first-to-file” rule. Second, it gives you up to one year to test your product, gather customer feedback, and refine your invention. This is a cost-effective way to protect your innovation while you continue to develop it.
Step 6: Filing a Non-Provisional Patent Application
The non-provisional patent application is your formal submission to the United States Patent and Trademark Office (USPTO). It includes detailed descriptions, technical drawings, and claims that define the scope of your invention. This application will undergo rigorous examination by specialized USPTO examiners who assess its novelty and non-obviousness.
Step 7: International Patent Protection
If your invention has global potential, you’ll need to file for international protection within 12 months of your U.S. application. This step ensures you can secure rights in foreign markets, an essential consideration for inventors aiming to capture opportunities outside the United States.
Step 8: Patent Prosecution
Patent prosecution is where your application is rigorously examined by a USPTO examiner. Expect initial rejections—this is common. Your attorney will respond to office actions, crafting legal arguments to overcome examiner objections. On average, this phase takes two years and involves close collaboration with your attorney to refine and defend your application.
Phase 3: Profitability
Turning Your Patent Into Revenue
Step 9: Making Money with Your Patent
After years of effort, your patent is finally granted. This gives you exclusive rights to make, sell, use, or import your invention. Monetize your patent through licensing agreements or selling your product directly in the market. Protect your rights through enforcement actions, such as litigation or stopping infringing products at Customs. With a granted patent, you have the power to block competitors and carve out your niche in the market.
Why Choose Bold Patents?
At Bold Patents, we don’t just help you secure a patent—we guide you through the entire process, ensuring your invention is protected, marketable, and profitable. Here’s why inventors trust us:
- Proven Expertise: Over 500 patents issued across diverse industries.
- Personalized Support: Tailored advice for first-time inventors and seasoned entrepreneurs alike.
- Comprehensive Services: From patentability searches to international filings and beyond.
💡 Take the first step toward protecting your invention. Call us today or schedule your free consultation online.