The Patent Process
A patent is the most expensive and complex type of IP (intellectual property) right. Decide whether you can protect your IP with a copyright, trademark, or service mark, or by keeping it under wraps as a trade secret before you go through the patent process.
If you decide that a patent is the way to go, and you have the time and money to see the process through to the conclusion, here’s the patent process in a nutshell:
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Make sure the invention is really yours and doesn’t belong to your boss, your spouse, or your business partner.
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Do a patent search to make sure that no one else has already come up with your formula, process, or invention.
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Check that your invention passes the three-part test — it’s new, useful, and wouldn’t be obvious to someone knowledgeable in the field.
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Prepare a patent application, including:
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A short abstract of the invention
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References to any prior applications
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A brief discussion of the general field, background, and circumstances of the invention
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A summary of the invention
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A description of the best implementation of the invention, including a drawing, if applicable
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The claims (the legal metes and bounds — dimensions and limits — of the invention)
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File your patent application, paying special attention to filing deadlines.
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Pursue and prosecute your application through the Patent Office.
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Appeal adverse decisions.
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Finally, get the patent (if you still want it).