Key Takeaways

  • A patent grants exclusive rights to an invention for up to 20 years, provided it meets novelty, non-obviousness, and usefulness requirements.
  • The process of how to patent an idea involves prior art research, preparing a detailed application, and filing with the appropriate patent office.
  • Related patent applications (continuation, divisional, and continuation-in-part) allow inventors to refine or expand protection without starting from scratch.
  • Costs, timelines, and required documents can vary, but patents generally require detailed specifications, claims, and sometimes professional drawings.
  • A patent attorney or agent can significantly improve the quality and success rate of an application.

Related patent applications are filed after the original application is made but before the patent is issued. An inventor might want to file a related patent for a technology that improves on the initial design. This allows him or her to avoid filing a new application.

What Is a Patent?

To understand the concept of a related patent, you must first understand patents in general. A patent is a legal document that grants an inventor exclusive rights to his or her invention for a period of time, usually 20 years. This protection only applies in the country or region that granted the patent. The definition of an invention, in this case, is a product or process that details a new way to do something or solve a technical problem. In exchange for this protection, the inventor must publicly disclose the invention.

Why Patents Matter for Protecting Ideas

Patents are one of the most effective ways to protect a new idea and prevent competitors from copying it. Without a patent, even a groundbreaking invention can be reproduced, marketed, or improved upon by others without compensation to the original creator. By filing a patent, inventors gain:

  • Exclusive rights to manufacture, sell, or license the invention.
  • Competitive advantage in the marketplace by blocking competitors.
  • Potential for monetization through licensing agreements or sale of patent rights.
  • Legal remedies if infringement occurs.

Patents are not just legal tools—they are also business assets that can increase company valuation, attract investors, and open opportunities for partnerships

How Do You Get a Patent?

To get a patent for your invention, you must meet certain requirements and conditions.

  • Novelty: The invention must have new characteristics previously unknown to the field. The body of existing knowledge is called prior art.
  • Non-obvious: The new creation must involve something that is inventive and unable to be deduced by a person with ordinary knowledge of the field.
  • Industrial application: A particular industry must be able to use the invention in a way that goes beyond the theoretical.
  • Patentable: Certain types of technology is not patentable in most jurisdictions. Some examples are scientific theories, mathematical methods, and discovery of naturally occurring substances.
  • Sufficiently clear: The application must be clear and complete enough that a person with ordinary knowledge of the field can replicate it.

Steps in the Patent Application Process

The journey of how to patent an idea typically follows these steps:

  1. Conduct a patent search – Review prior art to confirm that your idea is truly new.
  2. Document your invention – Prepare clear descriptions, drawings, and claims.
  3. Choose the right type of application – Provisional (for one year of protection before filing a full application) or non-provisional (formal application examined by the USPTO or other patent office).
  4. File with the correct office – In the U.S., this is the USPTO; international protection requires a PCT (Patent Cooperation Treaty) filing.
  5. Respond to examiner feedback – Patent examiners may reject or request clarification. Inventors can amend claims or file related applications to overcome these issues.

This structured approach ensures inventors maximize their chances of approval.

Who Grants Patents?

Patents are granted by a designated office in each country or by a regional office that handles the process for multiple countries. Some examples are the African Intellectual Property Organization (OAPI), the African Regional Intellectual Property Organization (ARIPO), and the Eurasian Patent Organization (EAPO).

In a regional system, the inventor applies for protection in one or more of the member entities served by that organization. Patent applications of all types are processed by a regional office are equal to those handled by a national office if all the requirements of the regional office are met. No system exists to grant a universal or international patent.

International Patent Protection Options

Although no single “world patent” exists, inventors can seek global protection through international systems. The Patent Cooperation Treaty (PCT), managed by the World Intellectual Property Organization (WIPO), allows inventors to file a single international application. This doesn’t result in one global patent but streamlines entry into over 150 participating countries.

Regional patent systems, such as the European Patent Office (EPO), enable inventors to apply once and designate multiple countries. This is often more cost-effective and administratively efficient than filing in each country separately.

Do I Need a Patent Attorney?

While inventors can prepare their own applications, it's not advised. Patent law is complex, and documents are complicated. Getting help from a patent attorney or agent greatly improves your chances of successfully completing the process. In some countries, applicants who live outside that country are required by law to have the representation of an attorney or agent who is qualified in that country. That usually means the professional has a practice and/or resides within that country. National and regional patent offices can provide lists of qualified attorneys and agents.

Costs and Considerations in Patenting an Idea

The cost of patenting an idea varies significantly:

  • Provisional applications may cost a few hundred dollars if filed independently, but professional help can raise costs to $1,500–$3,500.
  • Non-provisional applications usually range from $8,000–$15,000 when prepared by a patent attorney, depending on complexity.
  • Maintenance fees are due at regular intervals to keep the patent in force.

Because of these costs, inventors should carefully weigh the potential commercial value of their idea. For lower-budget inventors, filing a provisional application can secure an early filing date while buying time to develop the invention or seek funding

Types of Related Patent Applications

Three types of related patent applications are available to inventors.

  • Continuation-in-part (CIP) patent law allows inventors to add an improvement to an original application. The package includes the original invention and claims with a first-priority date and the new information, using the date of the CIP filing. A CIP must be filed before a patent is granted to the original.
  • Divisional applications usually evolve from the original application. Examiners at the United States Patent and Trademark Office (USPTO) sometimes find that a single application includes more than one invention. In that case, the inventor has to determine which claim to focus on. He or she can choose to file a divisional application on the other claims.
  • Continuation applications involve filing a new application based on an earlier one when there is no new disclosure but a different set of claims. This happens often when an inventor is having trouble getting the original claims approved and accepted by the examiner. Usually, the applicant only gets one chance to amend the original. After that, he or she must appeal to the Board of Patent Appeals and Interferences, which is a panel of three examiners. This process is difficult, and you want to avoid it if it all possible. This is the reason for the continuation process.

Strategic Use of Related Applications

Related applications are not just procedural—they are strategic tools. For example:

  • Continuation applications allow inventors to pursue additional claim variations that weren’t accepted initially.
  • Divisional applications let inventors split multiple inventions from one filing into separate applications, preserving protection for each.
  • Continuation-in-part (CIP) filings are useful when inventors improve on their original idea and want to extend coverage without losing earlier filing dates.

By using related applications effectively, inventors can extend protection timelines, cover improvements, and adapt to changing examiner feedback, ensuring broader protection for their innovations.

Frequently Asked Questions

1. Can I patent just an idea without a prototype?

Yes. You do not need a working prototype, but your patent application must describe the invention in enough detail for someone skilled in the field to reproduce it.

2. What is the cheapest way to patent an idea?

Filing a provisional patent application is the most affordable option. It secures a filing date for one year while you decide whether to invest in a full non-provisional application.

3. How long does it take to get a patent?

In the U.S., the process typically takes 18–36 months. The timeline may be longer in other jurisdictions or if the application faces challenges.

4. Do patents expire?

Yes. Utility patents usually last 20 years from the filing date, provided maintenance fees are paid. Design patents generally last 15 years.

5. Can I file a patent internationally?

Not directly. Instead, you can use the PCT system to streamline filings in multiple countries, but patents must ultimately be granted by each national or regional office.

If you need help with filing a related patent application, 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.