The Patent Process in a Nutshell: Everything Inventors Need to Know
Total Estimated Years of Your Life: 2 — 6
1. 99% Perspiration
Once your great idea has hatched, the first step is to check whether it’s patentable. This is where a prior-art search comes in. It not only determines whether an invention already exists; it helps an inventor gauge the “state of the art.” Don’t skip this step. Here’s why.
2. File a Provisional Patent Application
The usual first step in intellectual-property protection, a provisional application is the quickest and least-expensive starting point. It gives an inventor one year to research, develop, and fine-tune an invention before making official claims. Once the provisional application is filed, an inventor may claim “patent-pending” status.
Filing a provisional gives inventors a “priority date” — a U.S. filing date that holds their place for one year, until they file a nonprovisional application. Provisional applications are not examined by the USPTO.
3. The Nonprovisional Patent Application
Within one year of filing, an inventor must file a non-provisional patent application. This is the inventor’s chance to make formal claims of their invention. This application will be rigorously examined by the US Patent and Trademark Office.
4. Information Disclosure Statement (IDS)
Made by the inventor, an IDS lists all the prior art that an inventor knows of at the time of filing. File this any time before the first office action.
5. Action!
“Office Actions” are formal correspondences from a patent examiner to you as they examine your application. An office action may list prior art and rationales for allowed (approved) claims or rejected claims. Initial office actions are called “non-final.”
A Non-Final Office Action is your first feedback from the USPTO. This begins what is known as “patent prosecution.” Don’t be discouraged when you see an examiner’s rejections. It often takes a few tries to overcome prior art. Sometimes a patent application is immediately granted, but this is neither common nor optimal; it could indicate that the invention’s claims were too narrow, and you’ve left something on the table.
A good patent practitioner knows how to walk this line carefully. They write your application to be as realistically broad as possible within the boundaries of your invention, in light of the prior art.
6. Final Office Action
Even though this office action is labeled “final,” as an inventor, you still have options. Inventors get three months to reply to this notification before a late fee kicks in. You must reply within six months or the application will be considered abandoned. You may appeal the patent examiner’s decision, or file an Optional Request for Continued Examination, or a Continuation, or a Continuation-in-Part.
At any of these stages, an inventor may be eligible to fast-track prosecution. That’s outlined on the USPTO’s Patent Application Initiatives Timeline.
7. Notice of Allowance: Congratulations!
This formally allows your claims, which means you’ve achieved patentability! Once you pay the Issue Fee, you’re on your way to receiving your patent.
8. A Twenty-Year Deal
A typical patent is in force for 20 years from its file date.
Once your patent is granted, you must pay Maintenance Fees every few years. Please see our post on that.
OK, How much does it cost?
Every aspect of patent application entails fees. These vary depending on type of patent application. There are three basic fees for utility patents:
• The filing fee, which is non-refundable whether or not a patent is granted. (This is the cost to have your invention “examined” by the US Patent and Trademark Office – remember, you may or may not get a patent!)
• The issue fee (Paid only if your application is allowed)
• Maintenance fees (Paid at 3 1/2, 7 1/2, and 11 1/2 years after your patent is granted – these fees “maintain” your legal protection).
• Additional fees may be required.
Keeley DeAngelo strongly advises checking the current fee schedule before submitting a patent application.
More info:
USPTO’s handy process overview
This original content is copyright Keeley-DeAngelo, LLP. It is under CCBY license. If you use it, cite it.
No one here is a lawyer, and this is not legal advice. As a registered patent agent, Scott Keeley is recognized by the USPTO as an official patent practitioner. That means he does everything a patent attorney does except argue in court.
This content was written by a human named Regina DeAngelo. Copyright 2026, KeeleyDeAngelo.com
When quoting, please cite KeeleyDeangelo.com/blog.