Interactive
The Patent Checklist
The whole journey from idea to granted patent, as a checklist you can actually work through. Check off each step as you go — your progress is saved on this device — and tap any step to read the full guide.
A general roadmap, not legal advice. The order and specifics vary by invention; a patent attorney can tailor it.
Before you file
0/6Get this phase right and everything downstream is easier. Get it wrong — especially disclosure timing — and you can lose your rights before you even start.
Document your invention with dated records
Keep clear, dated records of conception and development. They establish what you invented and when.
What a strong record looks like →Check whether it's actually patentable
It must be novel, non-obvious, and eligible subject matter. Self-diagnose before spending.
Run the patentability check →Do a prior-art search
Find what already exists. The closest prior art determines how broad your claims can be.
How to search prior art →Decide patent vs trade secret vs other IP
A patent isn't always the right tool. Match the protection to how your invention can be copied.
Compare the four IP types →Confirm you actually own the invention
Check inventorship and any employer-assignment obligations before filing in your own name.
Who owns what you invent →Do NOT publicly disclose before filing
A demo, paper, or launch before filing can destroy your rights — permanently outside the US.
The rights-destroying mistakes →Filing
0/5Turning your invention into a filed application that locks in a priority date.
Choose provisional vs non-provisional
A provisional locks a date cheaply and buys 12 months; a non-provisional is the examined application.
Which to file first →Determine your entity status
Most startups qualify for small (50% off) or micro (75% off) USPTO fees.
Check your entity status →Draft the specification and claims
The specification establishes your priority; the claims define what you own. Both matter enormously.
Anatomy of a claim →File with the USPTO
Submit the application, cover sheet, and fee. File before any public disclosure.
Every filing step →Mark your product 'patent pending'
Once filed, you can mark it pending — a signal to competitors (with no enforcement power yet).
How to mark correctly →Prosecution
0/4The back-and-forth with the USPTO examiner. Rejections are normal — they're the start of a dialogue, not the end.
Understand the timeline
Publication at 18 months; first office action often 16–30 months; grant typically 2–4 years.
How long it takes →Respond to office actions
Argue, amend, or both. Most applications need one to three rounds before allowance.
How to respond →Consider an examiner interview
Talking directly to your examiner often advances prosecution faster than another written round.
How examination works →File continuations if you need flexibility
Keep an application pending so you can add claims targeting how competitors implement around you.
Continuation strategy →After the grant
0/5A granted patent is a living asset — it needs maintenance, marking, and monitoring to be worth anything.
Pay the issue fee and get granted
Once allowed, pay the issue fee; the patent grants a few weeks later.
What it all costs →Mark products with the patent number
Failure to mark forfeits pre-notice damages. Use physical or virtual patent marking.
Marking rules →Pay maintenance fees (3.5 / 7.5 / 11.5 years)
Miss one and the patent expires early. Or deliberately let low-value patents lapse.
The fee schedule →Monitor for infringement
The USPTO won't enforce your patent — that's on you. Watch the market and assess threats.
What infringement means →Consider international filing
A US patent only protects you in the US. The PCT preserves your options abroad for up to 30 months.
The PCT timeline →