Patent Attorney and Founder
Let’s break down how patents are granted today.
I’m JD Houvener, founder of Bold Patents Law Firm. I’ve spent the past 10 years helping inventors, and I’ve helped secure nearly 500 patents. I’m also the author of Bold Ideas: The Inventor’s Guide to Patents.
Now, let’s talk about what happens when you finally get your patent granted. It’s the end of a long process—research, back-and-forth with examiners, and plenty of patience. But before we get to the finish line, we have to look at everything that happens before that.
First, you need to know if you even have an invention. This sounds simple, but it’s important. Did you just have a fleeting idea? Or have you developed and tested it? Can you clearly explain what it is? Once you’ve got that nailed down, you can call it an invention.
Next, you should talk to a patent attorney. They’ll help determine if your invention is novel, non-obvious, and useful. This is a huge decision because it’ll determine whether filing for a patent is worth your time, money, and effort.
The next step is applying for the patent and working with the patent office. This can take years—two to three, maybe even more. Patents don’t happen overnight. You need to include it in your business plan because it takes time, money, and hard work.
Once you’re in the home stretch and dealing with the examiner, you might face rejections and objections. This is common. It’s a process of pushing through and improving your claims. Finally, the examiner may issue a “Notice of Allowance,” meaning they’re ready to grant you the patent. That’s when the real work starts.
At this stage, it’s tempting to just pay the fee and get your patent issued, but don’t rush. Take a moment to review your claims. Did you have to make any compromises? Were there any other variations or improvements to your invention during the process?
Often, the answer is yes. And that’s where a child patent, continuation, or continuation-in-part comes in. These allow you to keep expanding your invention’s reach and strengthen your patent portfolio. Without them, you may end up with just one patent, which can be limiting if someone tries to work around your idea.
So, even if you’ve made it to the finish line, don’t just rush to the end. Work with your attorney to see if there’s more you can do. Take advantage of that early priority date and protect your invention fully.
Thanks for reading! I’m JD Houvener from Bold Patents. Go big, go bold.