Key Takeaways

  • A toy patent protects novel and useful toy inventions, allowing inventors to take legal action against unauthorized use.
  • Most toy patents are utility patents, but design patents and trademarks can further protect aesthetics and branding.
  • Toys must be unique, useful, and nonobvious to be patentable.
  • Conducting a thorough prior art search is essential to ensure originality.
  • You must clearly define your toy’s function and uniqueness in your patent application, balancing broad and narrow claims.
  • Marketing can begin before patent approval, with limited protection granted upon filing.
  • Licensing is a popular strategy for monetizing toy patents without manufacturing the product yourself.
  • International toy patent protection requires separate filings in each country or through treaties like the Patent Cooperation Treaty (PCT).
  • UpCounsel connects you with experienced IP attorneys who can assist with the entire patent process.

Toy patents can't entirely protect the toys you invent, but they do give you the right to sue those who use or sell your ideas without your permission. Toys make billions of dollars per year, and they provide jobs for people all over the world. Toy patents help large companies and innovative individuals get the compensation they deserve for their inventions. Patenting your toy is easy, and it secures your future rights when you decide to market it.

How to Find Out If a Toy Is Eligible for Patent

Toys need to be unique, nonobvious, and useful to be eligible for patents. Since most toys are simple and low-tech, nonobviousness is the most challenging requirement to meet. Most toy designs are filed as utility patents, and they expire 20 years after the original application filing date.

Examples of Patentable Toy Innovations

Some types of toy innovations that often qualify for toy patents include:

  • Mechanically unique features (e.g., new gear mechanisms, transforming parts)
  • Interactive or electronic components that serve a unique function
  • Novel educational features that improve learning or skill development
  • Innovative uses of materials or safety designs
  • New game mechanics or rules in board games and card games

Even seemingly simple ideas may be patentable if they offer an original solution or improved functionality compared to existing toys.

Patents vs. Trademarks 

Patents are for new or improved inventions, while trademarks are for one or more slogans, words, names, symbols or devices used to identify the product. For example, you could invent a unique doll. You would need a patent for the actual toy and a trademark for the name or the label to prevent forgeries. Patents and trademarks require separate fees, so you should decide which one you'll need first if you have a small budget.

Conducting a 'Prior Art' Search

Making sure that no pre-existing technology exists that's similar or identical to the toy technology you want to patent is important. You should look for abstracts applications by using the World Intellectual Property Organization's PatentScope search engine. 

Using Provisional Patents to Establish Priority

If your toy concept is still in development, consider filing a provisional patent application. This informal filing allows you to:

  • Secure an early filing date
  • Use the term "patent pending"
  • Delay full utility patent filing for up to 12 months

During this time, you can test the market, refine the design, or seek licensing opportunities. However, you must file a formal nonprovisional application within one year to retain the benefit of your original filing date.

Patenting a Toy Idea

To patent your toy idea, write a one-page abstract that describes the functions of the toy, how to use it, and how to build it. Use text and drawings to provide evidence that your invention is unique, non-obvious, and useful. A skilled technician should be able to manufacture the toy with only the description as a source.

If you draft your patent claims too broadly, the U.S. Patent and Trademark Office, also called the USPTO, will tell you to amend them or reject your application. If your patent claims are too narrow, another person or company can copy your invention without infringing on your patent. To avoid these problems, ask a professional to help you draft your application.

Common Mistakes in Toy Patent Applications

When applying for a toy patent, avoid these common pitfalls:

  • Insufficient technical detail: Diagrams and clear instructions should enable reproduction by someone skilled in the field.
  • Overly broad claims: These are likely to be rejected without prior art backing.
  • Failure to differentiate from prior art: Even if your idea seems original, citing and explaining differences from similar inventions is crucial.
  • Lack of commercialization plan: A patent is only as valuable as your ability to use or license it effectively.

Working with a patent attorney helps avoid these missteps and strengthen your application.

Submitting Patent Forms

After you create your claim, here are the steps you should take to submit a patent form:

  1. Contact the United States Patent and Trademark Office online to get the forms you need.
  2. Fill out a cover sheet, an application data sheet, and a fee transmittal form with the basic information about your invention that the government requires.
  3. Save digital copies of all your documents.
  4. Submit your application online with EFS-Web,  the USPTO's electronic filing system.
  5. Pay your filing fee online with a credit or debit card.
  6. Answer any queries or modification requests from the USPTO.

The fee varies with the type of patent and your filing method. Small entities that haven't sold or licensed rights to an invention before filing can sometimes qualify for a lower fee. Applicants usually receive several modification requests from the USPTO. For example, it might tell you to make your patent claim narrower or broader. You can respond by submitting changes or by explaining why your application is adequate.

Timeline and Costs Associated with Toy Patents

Understanding the typical timeline and cost structure can help you plan effectively:

  • Filing a provisional patent: $75 to $300 (plus attorney fees, if applicable)
  • Filing a nonprovisional patent: $900–$2,000+ in USPTO fees, more with professional help
  • Time to approval: 18 to 36 months depending on USPTO backlog and revisions
  • Maintenance fees: Due at 3.5, 7.5, and 11.5 years after grant to keep the patent active

For many inventors, the investment pays off through licensing deals or toy sales.

Marketing Your Product

Once your patent is approved, you can use the USPTO's Official Gazette to publish your invention and market it to manufacturers. That way, you won't need to spend time and effort selling your new toy to many individual companies. You can market your toy before your patent is approved since filing helps to protect you from intellectual property theft. Remember, a patent can't protect your invention completely. It just gives you the right to sue anyone who infringes on your invention.

Licensing Your Toy Patent to Manufacturers

Licensing is one of the most common ways inventors monetize a toy patent. Under a licensing agreement:

  • You grant a company the rights to manufacture and sell your toy
  • You receive royalty payments, typically a percentage of net sales
  • You retain ownership of the patent

Benefits of licensing include faster market entry, reduced personal investment, and leveraging established distribution channels. Prepare a pitch deck with your toy's function, patent status, and market potential to present to licensors.

Tips for Protecting Your Toy Designs

Use these essential tips to protect your ideas:

  • Choose the right type or types of intellectual property protection.
  • Keep your toys' shelf lives in mind.
  • Think about protecting parts of your toys with design patents. 

Using several utility and design patents lets you shield the looks of your toys, their features, and their construction. You can also use copyrights for works of art like paintings, sculptures, photographs, short stories, the appearance of board games, and the way characters look in video games.

International Toy Patent Protection

If you plan to sell your toy internationally, you must secure protection in each jurisdiction. Consider these options:

  • Patent Cooperation Treaty (PCT): Allows you to file a single international application and later enter national phases in multiple countries.
  • Community Design Registration (for EU): Protects the appearance of toys across EU member states.
  • Madrid Protocol: For international trademark protection, which may apply to your toy brand.

Foreign filings must typically be made within 12 months of your U.S. application date to claim priority. An IP attorney can guide you through the strategy for global protection.

Frequently Asked Questions

What qualifies a toy for a patent? A toy must be novel, useful, and nonobvious. It should offer a new function or design not already available in existing products.

Can I patent a toy name or brand? No, names and logos are protected by trademarks, not patents. You should consider registering both a patent for the toy and a trademark for branding.

How long does a toy patent last? A utility patent lasts 20 years from the filing date, while a design patent lasts 15 years from the grant date.

Can I sell or market my toy while waiting for a patent? Yes, once you file your patent application, you may label your toy as “patent pending” and begin marketing it with basic protection.

Do I need a lawyer to file a toy patent? While not legally required, hiring a patent attorney can improve your chances of approval and help you avoid common errors in your application. You can find qualified attorneys on UpCounsel.

If you need help with toy 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.