Patenting Your Invention
Patent protection turns a clever idea into a defensible business asset. By giving the inventor exclusive rights to make, use, and sell the invention for a defined period, a patent creates a legal barrier that keeps competitors from copying the core innovation. That exclusivity encourages investment, supports higher margins, and strengthens a company’s negotiating position with partners, manufacturers, and potential buyers. It also signals credibility—patents demonstrate that the underlying technology is novel and valuable, making it easier to attract funding, license the invention, or expand into new markets. Patent protection transforms innovation from a vulnerable concept into a powerful engine for long-term growth and competitive advantage
“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
- US Constitution, Article I, Section 8, Clause 8
Types of Patent Applications
There are three main types of patent applications recognized under U.S. law: utility, design, and plant. A utility patent application protects how an invention works—its structure, function, or process—and is the most common form of patent protection. A design patent application protects the unique, ornamental appearance of a product rather than its functional features, making it ideal for safeguarding distinctive visual designs. A plant patent application protects new, asexually reproduced plant varieties, giving breeders exclusive rights to their cultivated innovations. Together, these three application types allow inventors to secure protection for functional inventions, visual designs, and new plant varieties, depending on the nature of the innovation.
Provisional v. Nonprovisional Patent Application
A provisional patent application is an inexpensive, informal filing that secures an early priority date but is not examined and cannot mature into a patent on its own. It acts as a placeholder, giving the inventor 12 months to refine the invention, gather funding, or prepare a full filing. A nonprovisional patent application, by contrast, is the formal submission that the USPTO actually examines. It must include claims and meet strict formatting requirements, and it is the only pathway that can lead to an issued U.S. patent. Both types of applications—provisional and nonprovisional—immediately place your invention into the USPTO system, allowing you to lawfully describe it as patent pending from the moment they are filed.
Don’t Lose Your Rights
Under U.S. patent law, once an inventor publicly discloses an invention—through selling it, showing it publicly, publishing it, or posting it online—a 12-month clock begins to run. If a patent application is not filed within that one-year window, the inventor permanently loses the right to patent the invention in the United States, and loses it immediately in most foreign countries, which have no grace period at all. This makes it critical to keep your invention confidential until you’re ready to file. Using non-disclosure agreements (NDAs) with manufacturers, investors, and partners can help protect early discussions, but they are not a substitute for timely filing. The safest path is to avoid unnecessary disclosure and to file a provisional or nonprovisional application as early as possible to preserve your rights and prevent your own actions from becoming a legal bar to patent protection..