Patent Attorney and Founder
Learn how to patent an app or product, protect your invention before manufacturing, avoid common mistakes, and understand your U.S. patent options.
How Do You Protect Your App or Product Before Someone Else Copies It?
You’ve come up with a great idea. Maybe it’s a mobile app, a new medical device, or a consumer product you’ve been dreaming about for years.
Now comes the hard part.
Should you file a patent first? Build a prototype? Find a manufacturer? Raise money? Launch the product?
It’s easy to feel overwhelmed, especially when you’re trying to balance legal protection with limited resources.
The good news is that you don’t have to figure it all out at once. If you understand the right sequence of steps, you can avoid expensive mistakes and give yourself the best chance of protecting your invention.
In This Guide, We’ll Cover
- How to patent an app or product
- Whether you should file in Canada or the United States first
- What to do if patent costs are stretching your budget
- Why patent searching is one of the most important first steps
- How manufacturers, NDAs, and contracts protect your intellectual property
- Why some companies buy patents simply to enforce them
Start with Filing a Patent Application
If you’re serious about protecting your invention, your first major goal should be filing a patent application.
Whether you’ve developed software, a physical product, or both, filing establishes your place in line for patent rights. That’s incredibly important because patent law often rewards whoever files first, not necessarily whoever thought of the idea first.
For software-based inventions, you may want to learn more about utility patents, which commonly protect how an invention works rather than how it looks.
Related reading:
A well-written patent application should clearly explain:
- What your invention does
- How it works
- Different versions or embodiments
- Alternative ways to build it
- The legal claims defining what you own
This isn’t just paperwork. It’s the foundation of your intellectual property.
That’s why I usually recommend working with an experienced patent attorney whenever possible.
Can You Patent an App in Canada and the U.S.?
One question I hear often is:
“We’re in Canada. Should we patent there first? What if we also want protection in the United States?”
While I’m licensed to practice before the USPTO and can’t give legal advice regarding Canadian law, I can explain how international patent filing generally works.
Many countries, including Canada and the United States, participate in the Patent Cooperation Treaty (PCT).
The PCT doesn’t give you a worldwide patent. Instead, it creates an organized process that lets you preserve your ability to seek patent protection in many participating countries after filing your initial application.
For many inventors, that means:
- File in your home country.
- Preserve international filing rights.
- Decide later which countries are worth pursuing.
This flexibility can be especially valuable for startups that aren’t yet sure where they’ll eventually sell their products.
What If Patenting Is Too Expensive Right Now?
Let’s be honest.
Patents require an investment.
Many startups and first-time inventors simply don’t have unlimited funds.
If that’s where you are today, you have a few options.
Option 1: Raise Capital
Sometimes the smartest investment you can make is hiring experienced counsel from the beginning.
Consider:
- Bringing on investors
- Partnering with a co-founder
- Taking out a business loan
- Setting aside budget specifically for intellectual property
A strong patent application can become one of your company’s most valuable assets.
Learn more about patent pricing:
https://boldip.com/patent-attorney-pricing/
Option 2: Use the U.S. One-Year Grace Period
One feature of U.S. patent law that surprises many inventors is the one-year grace period.
If you publicly launch or sell your invention in the United States, you generally have up to one year to file your patent application.
That can give entrepreneurs time to:
- Test the market
- Validate customer demand
- Generate revenue
- Attract investors
However, there’s a significant risk.
If another inventor independently files a similar patent application before you do, they may gain priority over your invention.
That’s why filing before launch is almost always the safer strategy whenever your budget allows.
Never Skip the Patent Search
If I could give inventors one piece of advice before spending thousands of dollars on a patent application, it would be this:
Do a patent search first.
Far too many people assume they’ve invented something completely new, only to discover similar inventions already exist.
A thorough patent search helps answer questions like:
- Has someone already patented this?
- Is the idea truly novel?
- Can your invention be distinguished from existing technology?
- Are there opportunities to improve on prior designs?
You can even begin with your own research before hiring professionals.
Once you’ve done your homework, an experienced patent attorney can conduct a deeper search and evaluate whether pursuing patent protection makes business sense.
Helpful resource:
https://boldip.com/blog/patent-glossary/
Why Do Companies Buy Patents Just to Sue People?
Another common question is why companies purchase patents even when they don’t manufacture products themselves.
These businesses are often called non-practicing entities (NPEs) or, less favorably, “patent trolls.”
While the term carries negative connotations, it’s important to understand why this business model exists.
A patent is property.
Just like real estate or other valuable assets, patents can be bought, sold, and licensed.
When someone purchases a patent:
- The inventor receives financial compensation.
- Ownership legally transfers.
- The new owner gains the right to enforce the patent.
From the perspective of U.S. patent law, that’s simply part of the marketplace.
The patent system is designed to reward innovation, and inventors should have the freedom to sell their intellectual property if they choose.
If you’d like to understand patent enforcement in more detail, read:
https://boldip.com/blog/patent-litigation/
Or explore licensing as an alternative:
https://boldip.com/blog/patent-licensing/
Patenting a Medical or Dental Product
Medical and dental inventions often involve additional considerations beyond patents.
If your product affects health or treats a medical condition, you’ll likely need to think about regulatory approval as well.
Depending on the product, that could include FDA requirements before selling it commercially.
The patent process, however, generally begins the same way:
- Research existing products.
- Conduct a patent search.
- Prepare a strong patent application.
- File before broadly disclosing your invention.
Once your application has been filed, you’ll typically have much greater confidence discussing the invention with manufacturers, engineers, and potential partners.
Manufacturing Without Losing Your Intellectual Property
One of the biggest milestones after filing a patent application is finding someone to help manufacture your invention.
This is exciting, but it’s also where many inventors unknowingly create unnecessary risk.
As your prototype evolves, you’ll likely create:
- Version 2
- Version 3
- New improvements
- Better manufacturing methods
Those improvements can become valuable intellectual property of their own.
That’s why I almost always recommend using an NDA (Non-Disclosure Agreement) before sharing confidential information.
An NDA helps establish expectations about confidentiality while you’re discussing your invention with third parties.
However, an NDA alone usually isn’t enough.
Your Manufacturing Contract Matters
Your manufacturing agreement should clearly answer questions like:
- Who owns future improvements?
- Who owns manufacturing modifications?
- Can the manufacturer reuse your designs?
- What happens if the relationship ends?
Without clear contract language, ownership disputes can become expensive very quickly.
For that reason, I generally recommend working with experienced local business counsel when negotiating manufacturing agreements.
Is a Local Manufacturer Safer?
Generally speaking, enforcing contracts becomes easier when your manufacturer is closer to home.
As a broad rule:
| Manufacturer Location | Relative IP Risk |
|---|---|
| Same state | Lowest |
| Different U.S. state | Moderate |
| Overseas | Highest |
International manufacturing certainly can work, but enforcing intellectual property rights across borders often becomes more complicated and expensive.
That doesn’t mean you should avoid overseas manufacturers altogether, it simply means you should understand the risks and plan accordingly.
Key Takeaways
Protecting an invention isn’t just about getting a patent.
It’s about building a complete intellectual property strategy that includes thoughtful planning, strong contracts, and careful timing.
Remember:
- File your patent application as early as practical.
- Conduct a patent search before investing heavily.
- Use the U.S. grace period carefully, it isn’t a substitute for filing early.
- Protect confidential discussions with NDAs.
- Make sure manufacturing agreements clearly assign ownership of future improvements.
- Think strategically about where and how you’ll manufacture your product.
Ask yourself this: If your invention became successful tomorrow, would your intellectual property strategy be strong enough to protect it?
Ready to Protect Your Invention?
Whether you’re developing an app, launching a consumer product, or building a medical device, having the right patent strategy from the beginning can save you significant time, money, and stress later.
It is my hope that this article gives you the knowledge and clarity you need to Go Big and Go Bold℠!
If you have questions about protecting your invention, book a free discovery call at:
We’d love to help.
Legal Note
Legal Note: This blog article does not constitute legal advice. Although the article was written by a licensed USPTO patent attorney there are many factors and complexities that come into patenting an idea. We recommend you consult a lawyer if you want legal advice for your particular situation. No attorney-client or confidential relationship exists by simply reading and applying the steps stated in this blog article.