How to Patent Your Idea (A Step-by-Step Survival Guide)
Lawyers charge $5,000 just to listen to your idea. You don’t need them yet. You can file a “Provisional Patent” yourself for under $100 to lock in your date. Here is how to protect your invention on a budget.
Why You Can’t Afford a “Real” Patent Yet
A full Utility Patent takes 3 years and costs a fortune. A Provisional Patent takes 1 afternoon and costs pizza money.
| Type | Lawyer Fee | USPTO Fee* |
|---|---|---|
| Provisional (DIY) | $0 | $60 |
| Provisional (Lawyer) | $1,500+ | $60 |
| Non-Provisional | $10,000+ | $400+ |
| Goal | Strategy |
|---|---|
| Test Idea | Provisional |
| Finalize | Non-Prov |
3 Steps to File Yourself
Step 1: The “Prior Art” Search (Crucial)
Before you pay a dime, check if someone else already invented it.
Go to Google Patents and search your keywords. If you find your exact idea, STOP. You cannot patent it.
Step 2: Write the Description
For a Provisional Patent, you don’t need fancy “Claims” or legal jargon. You just need to describe How to Make It and How to Use It clearly.
Tip: Include drawings. They don’t have to be professional CAD. Hand sketches (scanned as PDF) are acceptable if they are clear.
Step 3: File on USPTO Patent Center
Create an account on the USPTO Patent Center.
Upload your PDF description and drawings. Select “Provisional Application.” Pay the Micro Entity fee.
Boom. You receive a digital receipt with your “Priority Date.”
Pro Tip: The “Ticking Clock”
A Provisional Patent is not a patent. It is a timer.
The 12-Month Rule
If you do not file a full “Non-Provisional Patent” (and pay the big lawyer money) by the 1-year anniversary, your Provisional application dies instantly.
Use this year to see if your product actually sells. If it flops, let the patent die and you only lost $60.