Key Takeaways

  • Turning an idea into a tangible product requires documentation, prototype creation, and market research.
  • A confidentiality agreement (NDA) is critical before sharing invention details with third parties.
  • Seeking professional design assistance can improve invention development.
  • Patents come in different types (provisional, utility, and design), and understanding their distinctions is crucial.
  • Funding options for inventors include crowdfunding, venture capital, grants, and competitions.
  • The invention process also involves licensing, manufacturing, and potential business partnerships.
  • UpCounsel can connect inventors with experienced patent attorneys for legal guidance.

I Have an Invention

You say to yourself, “I have an invention—what do I do with it?” Well, the most important thing to know is that you cannot patent an idea. Your idea must have enough detail and specificity to turn it into an invention. You must be able to state specifics regarding your invention, how it can help others, and how you are going to carry out the invention. You will also need to draft sketches and drawings of your invention that can be explained to others. If you are unable to draft it yourself, you can hire an illustrator for a reasonable price.

Next, you’ll want to seek assistance from a product development company to help create a prototype of your invention. You may also want to work with a company that offers 3D services to help illustrate your invention in a realistic way. Keep in mind, however, that a number of companies won’t assist inventors unless their product is patent pending.

It is also important for inventors to consider having at least a provisional patent application filed before discussing the invention with others. Without patent protection or a confidentiality agreement, an inventor runs the risk of someone else stealing the invention legally without his or her permission. A confidentiality agreement, also referred to as a non-disclosure agreement, is a contract that promises the other party will not disclose the invention to anyone. Mutual confidentiality agreements are appropriate when both parties exchange information; and one-sided confidentiality agreements are appropriate when only one party is exchanging information, i.e. an inventor sharing the invention with a company providing a 3D sketch of the invention.

Inventors can reach out to engineering students to assist them in developing the invention. They can also reach out to friends and family who would be more than willing to help. There are many inventors groups out there to allow inventors with similar inventions to speak to one another or give advice where needed.

Understanding Intellectual Property and Your Rights

Before taking any steps to commercialize your invention, it is crucial to understand how intellectual property (IP) law protects your idea. IP covers patents, trademarks, copyrights, and trade secrets:

  • Patents: Protect inventions, including processes, machines, and compositions of matter.
  • Trademarks: Safeguard brand names, logos, and slogans.
  • Copyrights: Apply to creative works like books, music, and software.
  • Trade Secrets: Cover proprietary methods or formulas that provide a business advantage.

By securing the appropriate IP protection, inventors can prevent unauthorized use of their innovations. Consulting with an IP attorney can clarify which protections best suit your invention.

How to Turn Your Idea into a Product

In 2012, the USPTO reported a total of 1.5 million pending patent applications, much higher than the 269,000 applications ten years prior. Of those 1.5 million pending applications in 2012, only 270,000 were issued.

But before you can apply for patent protection, you’ll want to turn your idea into an invention, or product. Without that, the idea itself is useless. When the inventor is ready to have the invention protected, he or she can apply for patent protection with the U.S. Patent and Trademark Office (USPTO). When inventors write their ideas down on paper and mail it to themselves in a sealed envelope, they claim to have a poor mans patent since they have proof of the date of the invention’s conception. Keep in mind that a “poor man’s patent” never holds up in court.

Instead of using the “poor mans patent” method, you should write down your invention in an inventor’s journal and have a witness sign it. However, it must be in a notebook that has pages numbered consecutively and those pages can’t be removed. You can find an inventor’s journal at most bookstores.

Before getting started with your patent application, you’ll want to:

  • Conduct a search on the USPTO website to ensure that your invention is not already patented.
  • You’ll also want to determine how marketable your invention is. In fact, 95% of all patents don’t make money for its inventors.
  • Compare other similar types of inventions to see what type of competition you are up against.
  • You’ll want to determine rough costs for manufacturing and distributing your invention. You’ll want to ensure that your product can be manufactured and distributed at a much lower cost than the expenses involved so that you can make a profit.
  • Make a prototype of your invention. As previously noted, draft a drawing or work with a company that can create a drawing for you or provide a 3D model of your invention.

Validating Your Invention Idea

Before investing significant time and money, validate whether your invention has commercial potential. Steps include:

  1. Market Research – Identify competitors and demand for similar products.
  2. Customer Feedback – Engage with potential customers to gauge interest.
  3. Patent Search – Conduct a thorough search to ensure your idea isn’t already patented.
  4. Cost Analysis – Estimate manufacturing and marketing expenses to determine profitability.

Validating your idea early helps avoid costly mistakes and ensures your invention addresses real market needs.

Create a Sold Prototype

The prototype could be one of the most important aspects of your invention. There are some advantages to prototypes, including the fact that it allows inventors to see a physical representation of the invention to see if it needs to be developed any further or altered in any way. It is a good idea to hire a product designer, which doesn’t have to be an expensive ordeal. There are many freelance designers willing to take on the job for very little.

Don’t forget that the prototype allows investors to see the invention in real time. This is important so that the potential investors can determine how profitable the invention is. In addition to investors, inventors can also look for funding by applying for loans, grants, or finding a government program that can assist them. Inventors can also look for financial assistance through venture capital, which is money provided by companies in exchange for revenue profits.

Iterating and Improving Your Prototype

A prototype allows inventors to test functionality, identify flaws, and refine the design before mass production. Key steps in prototype improvement include:

  • Conducting usability testing to assess real-world functionality.
  • Gathering feedback from target users and industry experts.
  • Iterating on the design based on test results.
  • Exploring different materials or technologies for better performance.

Refining your prototype ensures a higher chance of success when pitching to investors or launching your product.

Choosing Which Type of Patent

Provisional

When filing for patent protection, you can choose to file a provisional patent application as opposed to the traditional non-provisional application. Note that the provisional application will not include the ‘Claims’ section, which specifically includes a claim, or declaration, that the invention is yours and that you are unaware of any similar types of inventions that already have patent protection. What is, however, required in this application is a description of your invention. You should be detailed and specific as to all aspects and features of your invention. To reiterate, while you are not required to include a ‘Claims’ section in your provisional patent application, you can do so if you wish. This can help you succeed in your non-provisional application should you choose to file it within 12 months after the filing of the provisional application.

After filing for a provisional patent, you’ll have 12 months to then file for non-provisional patent protection. After filing this application, the non-provisional application claims the benefit of the provisional application. Therefore, you should make sure that your provisional application is specific and detailed. While it is a rather straightforward and easy application, take it seriously because all items in that provisional application will be put into the non-provisional application.

Keep in mind that provisional applications are not examined. Only non-provisional patent applications are placed in a queue and subsequently examined.

Utility Patent

Inventors can submit a draft patent application and subsequently convert it into a utility application. Generally, it takes just about a year to complete. More specifically, utility patents protect specific types of things, such as machines, systems, or methods. Keep in mind that you can file either a provisional utility patent application, as mentioned above, or a non-provisional utility patent application.

Design Patent

Such a patent protects only aesthetic design choices, including the design of manufactured products, the shape of various medical devices, and the layout of user interfaces. Design patents provide protection for a time period of 14 years. Someone can have both a utility and design patent. For example, someone who invents a machine to be used to make a specific product, having designed that machine in a specific way, can apply for a utility patent for the piece of machinery itself and a design patent for the design of the machine. Notably, the review for a design or utility patent is much shorter and much less expensive.

While it is advisable to hire a patent attorney to assist you throughout the process, you might choose to go at it alone. Filing a patent on your own will cost a lot less, but be mindful that it takes a lot of time. It may take even more time for you as you lack the professional knowledge. So, if you do choose to do it on your own, keep in mind that you will need conduct expansive research. You can search through google.com/patent to see if your invention is already being used and patented by someone else. There are several academic papers and other related websites out there that can explain the patent process itself. You may even want to reach out to others who operate in the same field as you to see if they patented their inventions and how they went about the process. You can reach out to these individuals through social networks.

Licensing vs. Manufacturing Your Invention

Once your patent is secured, you must decide whether to manufacture the product yourself or license it to an established company.

Licensing:

  • Allows another company to produce and sell your invention in exchange for royalties.
  • Requires negotiating licensing agreements with manufacturers or distributors.
  • Suitable for inventors who prefer not to handle production and marketing.

Manufacturing & Selling:

  • Provides complete control over product quality and pricing.
  • Requires securing funding, managing production, and handling marketing and sales.
  • Suitable for entrepreneurs aiming to build a business around their invention.

Evaluating both options helps determine the best path based on your financial and business goals.

Frequently Asked Questions

  1. How can I protect my invention before applying for a patent?
    Use a confidentiality agreement (NDA) when sharing details and document your invention process in an inventor’s notebook.
  2. What are some funding options for inventors?
    Consider crowdfunding, government grants, venture capital, angel investors, or applying for invention competitions.
  3. Can I file a patent myself, or do I need an attorney?
    While it is possible to file a patent yourself, a patent attorney ensures proper documentation and maximizes protection.
  4. How long does it take to get a patent?
    Utility patents typically take 1–3 years, while design patents may take 12–18 months.
  5. What happens if someone copies my invention?
    If your invention is patented, you can take legal action against infringers through cease-and-desist letters or lawsuits.

If you need help turning your idea into an invention, or need additional help patenting your invention, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.