So, you’ve filed your patent application, and now you’re “patent pending.” What’s the next step? I’m JD Houvener, founder of Bold Patent Law, and over the last 10 years, I’ve helped thousands of inventors like you. Let’s walk through what to do now that you’re in this stage.
First off, when you’re patent pending, it means you’ve submitted an application—whether it’s provisional, non-provisional, or design. This is an exciting step! You’re officially in the club of inventors who believe in their ideas enough to submit them to the USPTO. Now, you’re waiting to see if your idea gets approved or rejected.
But there are things you can do during this waiting period to protect your idea and set yourself up for success.
Here’s the first thing to understand: There’s a difference between provisional and non-provisional applications. If you’re patent pending, it means you’ve filed an application, but it doesn’t matter which kind for now. Most first-time applicants file a provisional patent. This type of application gives you a placeholder for your idea, locking in the filing date. Just remember: You must follow up with a non-provisional patent within one year.
So, what should you do during that year? Start by prototyping. If you haven’t already, make a working version of your idea. Test it out in the real world. Take it to people who don’t know you—potential customers. You’ll get the best feedback this way, and it’ll help you understand what’s working and what needs to be improved.
Be ready to make changes. Even if you think your product is perfect, real-world testing often shows otherwise. That’s a good thing! You’ll probably end up tweaking your product a bit, and maybe even work your way to version 2 or 3.
The best part? This gives you more detail for your non-provisional patent. As your product evolves, you can adjust your patent application to reflect those changes. Your patent attorney will use these updates to write stronger claims, helping protect the version of your product that’s actually being sold.
Why is this important? If you don’t test your idea first, you could end up with a patent that doesn’t match what you’re actually selling. That’s a big problem, because competitors could swoop in with something similar, and your patent might not be enough to protect you.
Bottom line: Make the most of your patent pending time. Understand the type of application you filed, and don’t skip the important steps of testing and refining your product.
In the next few videos, I’ll go into more detail on what you can do while you’re patent pending. If you have questions or want more info, check out our free Inventors Kit below, which includes my book Bold Ideas: The Inventor’s Guide to Patents, and resources to help you with patent searches and applications.
Thanks for watching—go big, go bold!