Steps to Take to Develop an Invention

DEREK FAHEY, ESQ.

There is no single correct path for developing every invention, but most inventors will need to complete several basic steps before turning an idea into a product or service.

1. Flesh Out The Invention in Writing

Write the concept down and prepare drawings that explain the inventive features. The drawings do not need to be professionally drafted, but they should capture what is new and help a patent attorney understand the idea. Keeping related concepts in an organized notebook can also make later development easier.

2. Conduct a Prior-Art Search

A prior-art search examines patents, patent applications, technical publications, and other public information to determine whether the same idea has already been disclosed. The results can help evaluate patentability and may reveal features that should be revised or developed further.

3. Conduct Market Research

Inventors seeking commercial success should determine whether a meaningful market exists, how many buyers may want the product, whether they can afford it, and whether expected revenue justifies the cost and effort of development.

4. Protect The Invention

Patents can provide the right to exclude others from making, using, or selling an invention. Design patents protect ornamental appearance, while utility patents protect functional features. The appropriate filing strategy depends on the invention, business goals, timing, and budget.

5. Have a Prototype Made

A prototype is not required to file a patent application. However, inventors who plan to manufacture and sell a product may use prototypes to test dimensions, performance, usability, and potential modifications. Three-dimensional printing can provide a relatively efficient way to produce early physical models.

6. Validate The Invention

Validation may involve consumer trials, feedback from potential users, social-media testing, or other forms of market response. Before publicly testing or disclosing the invention, the inventor should consider filing at least a provisional patent application so that public exposure does not unnecessarily jeopardize patent rights.