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Intellectual Property

Steps to Obtain a Patent

You have built something that works, and before you show it to an investor, a manufacturer, or the internet, you want to know what protecting it involves and in what order.

Reviewed

01 GUIDE

Steps to Obtain a Patent: what usually happens

Before anything is filed

The first steps to obtain a patent usually happen before any paperwork reaches the USPTO. Most inventors benefit from a search of earlier patents and publications, because it shapes how the claims are written and whether filing makes sense at all. Timing matters as much as substance. Public disclosures, offers to sell, and pitches made without confidentiality can affect your rights, and while the US gives inventors a limited grace period for their own disclosures, many other countries are far stricter. If foreign protection is a possibility, that question belongs at the very start rather than after a product launch.

Provisional filing and examination

Many applicants begin with a provisional application, which secures a filing date but is never examined and lapses unless a nonprovisional application follows within a fixed period. The nonprovisional application is the one an examiner actually reviews. Examination is usually a back-and-forth: the examiner issues an office action rejecting some or all claims, and the applicant answers with arguments or amendments, often more than once. Responses have deadlines, and missing one can lead to abandonment. When the claims are allowed, an issue fee is paid and the patent is granted, and utility patents then carry maintenance fees over their life. Preparing and prosecuting applications for others is limited to attorneys and agents registered with the USPTO.

What the first meeting settles

We start with what the invention does, what you have already shown or sold, and who contributed to it, because inventorship and ownership need to be right from the beginning. If you developed it while employed or alongside a contractor, the relevant agreements may decide who owns the application. We also talk about scope: a narrower patent that issues may serve your business better than a broad one stuck in examination, or the reverse, depending on your market. Bring drawings, prototypes, lab notes, earlier pitch decks, and any agreements you signed with collaborators. From there we can map a filing plan and a budget for each stage rather than for the whole path at once.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

04 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

05 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about steps to obtain a patent and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.