Key Takeaways

  • There are three main types of patents: utility, design, and plant.
  • To qualify for a patent, an invention must be useful, novel, and nonobvious.
  • The "first to file" rule means filing quickly is critical.
  • A provisional patent offers a low-cost way to establish a filing date.
  • An "easy patent" approach involves clear documentation, simple designs, and understanding USPTO steps.
  • Alternatives to patents like trade secrets and trademarks can also offer protection.

Some simple patents are essential when you need to protect your ideas or inventions from theft.  One area a patent protects is a "trade secret," which isn't disclosed through the goods that a company sells. For example, Coca-Cola doesn't reveal the recipe for making the popular soft drink. With a trademark, you can protect an identifier like a name or a logo that customers associate with your product or service. Copyrights protect works of authorship or artistry. Many inventions have a trademark and a copyright as well as a patent. Here's some basic information about patents.

Types of Patents

Patents are limited government monopolies that keep others from making, selling, or using your inventions in the United States. There are three different types of patents:

  • Utility patents for new and useful processes, improvements, machines, or manufacturing methods.
  • Design patents for new, original, ornamental product designs.
  • Plant patents for new plant varieties.

Utility patents and plant patents expire 20 years after the filing date. For design patents, the term is 14 years.

Protection

Protection means that an intellectual property holder has the right to prevent others from using the property. A patent won't give you the right to use your invention by itself, but you can keep other people from using your idea.

You can license others to manufacture, sell, or use your invention and sue companies or individuals that profit from your work without your permission. If someone invents the same product you sell, he or she can't profit from the idea without permission from you. The first to file a patent benefits from its protection. That means someone else could patent your invention if you wait to apply.

Patents protect inventions while copyrights safeguard books, computer programs, movies, paintings, and other works of art. Copyright protection gives you the right to control who can copy your work. You can sue for protection unless the person who created the work of authorship or art has never seen your copyrighted work. Patent protection is limited territorially. For example, United States patents only offer protection in the United States.

Patent Alternatives for Simple Inventions

Not all ideas need a formal patent. For some easy-to-copy products, alternative protections may be more effective or affordable:

  • Trade Secrets: Like Coca-Cola’s recipe, this involves keeping the invention confidential rather than disclosing it through a patent.
  • Trademarks: Protect your brand name, logo, or product identifier.
  • Copyrights: Useful if your invention involves creative elements such as illustrations, manuals, or digital software.

Using these alternatives—or combining them with a patent—can offer a layered approach to protecting your idea.

Basic Patent Requirements

Inventions must meet basic eligibility requirements to qualify for patents. They should be:

  • Useful.
  • Novel.
  • Nonobvious.
  • Not public knowledge before the filing date.

Most inventions are considered useful, but perpetual motion machines and similar devices sometimes can't meet this requirement. An idea is obvious if many people in your field with ordinary skills already know about it.

Patenting Your Invention 

A patent must have the name of the inventor or co-inventor, even if he or she was employed by another person or company when creating the invention. People who invest in a product are not considered inventors. An employer or investor often owns the patent, but it's issued in the name of the inventor. Many inventors sign employment contracts with pre-assignment clauses that make the inventions they create at work company property. They could be sued for breach of contract if they sell, use, or license their inventions without their employers' consent.

Tips for Filing an Easy Patent

If you're pursuing an easy patent for a simple invention, consider the following best practices to improve your chances of success:

  • Keep It Simple: Straightforward designs are often easier to explain and protect.
  • Use Clear Drawings: Detailed illustrations help examiners understand your invention quickly.
  • Avoid Technical Jargon: Use plain language wherever possible to describe how your invention works.
  • Focus on Functionality: Emphasize how your invention solves a problem or improves an existing process.
  • File Early: The U.S. follows a “first to file” system. Filing a provisional patent quickly can preserve your rights.

Patenting a Process

The United States doesn't provide patents for physical phenomena, laws of nature, abstract ideas, or nonuseful objects. However, you can patent these types of ideas or inventions:

  • Processes or methods, like business processes, software, or engineering techniques.
  • Machines that can perform functions.
  • New compositions for makeup, pharmaceuticals, or other substances.
  • Articles of manufacture, tools or objects that make tasks easier.

Costs

You'll need to pay filing fees and consult an intellectual property attorney to file a patent. Before you file, think about whether the expense is worth it. You could be wasting money if you can't market or sell your invention.

A provisional patent is a simplified application that preserves your filing date. After you submit it, you'll have one year to file your full, nonprovisional application. You can use the time to prevent errors and do additional research to make sure that a nonprovisional patent is worth the time and money needed. You can use a patent assignment to transfer your ownership rights after you file your provisional patent. You should use as much detail as possible to describe your invention. However, there are many simple inventions with short patent descriptions, like the Slinky, Legos, and even a plastic stick for dogs.

Steps for Getting an Easy Patent

To make the patent process simpler, especially for solo inventors or small businesses, follow these streamlined steps:

  1. Document Your Invention
    Maintain detailed records including diagrams, schematics, and journal entries with dates. This serves as supporting evidence of originality.
  2. Conduct a Patent Search
    Search the USPTO database and international patent listings to confirm your invention is unique. Services like Easy Patent or free tools from the USPTO can help.
  3. Evaluate the Right Type of Patent
    Determine whether your invention requires a utility, design, or plant patent. For many "easy patent" candidates—like gadgets or tools—a utility patent is most common.
  4. File a Provisional Patent Application (PPA)
    A PPA is an affordable first step that gives you a one-year window to market your idea and prepare a formal application.
  5. Decide Whether to File on Your Own or with Help
    Filing a patent yourself through the USPTO is possible, especially for simple inventions. However, consulting a patent attorney can prevent costly mistakes.
  6. Submit a Nonprovisional Patent Application
    Include detailed descriptions, claims, and illustrations. Be sure it clearly explains the invention's novelty and usefulness.
  7. Respond to USPTO Communications
    After filing, the USPTO will examine your application. Be prompt in responding to Office Actions or requests for clarification.
  8. Maintain Your Patent
    If granted, pay maintenance fees to keep your utility patent active (due at 3.5, 7.5, and 11.5 years post-grant).

Frequently Asked Questions

  1. What qualifies as an "easy patent"?
    An easy patent usually refers to a patentable idea that is simple to explain, inexpensive to develop, and has limited technical complexity—like basic tools or toys.
  2. Do I need a lawyer to file an easy patent?
    Not necessarily. While a lawyer can improve your application’s strength, simple inventions can often be filed directly using USPTO resources.
  3. Can I file a patent if I’m still developing the product?
    Yes. You can file a provisional patent to secure your filing date while continuing development for up to one year.
  4. How long does it take to get a patent approved?
    It typically takes 18 to 24 months for a utility patent to be reviewed, though timelines vary depending on backlog and complexity.
  5. Is a provisional patent legally enforceable?
    No. A provisional patent doesn't offer enforceable rights, but it does reserve your priority date for later filing a nonprovisional patent.

If you need help with simple patents, you can post your legal need or post your job 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.