Obtaining patent protection for an invention is a slow and expensive process, typically costing thousands of dollars and taking three years or longer before a patent is issued.

Obtaining a patent grant generally follows several steps. The following steps for reviewing an invention and pursuing an application are those typical of a non-provisional patent application. A provisional application is not reviewed by the Patent Office, and simply provides a filing date that can be claimed by a subsequent non-provisional application up to 12 months from the filing date.

1. Initial review and searches
   – Review what the invention is, what problem it solves or benefit it provides, and what other similar technology is known.
   – Conduct one or more searches to identify relevant prior art technology and review to determine whether the invention appears to have sufficient merit to move forward.
   – Frequently a preliminary search is sufficient to show that enough applications have been filed for similar inventions that obtaining broad patent protection is unlikely (or that such inventions have not met with market success). If not, then a more in-depth search is frequently conducted using the public search facilities at the Patent Office (this search is similar to that which serves as the basis of review by a patent examiner.)
2. Draft patent application
   – The application must include text and drawings that clearly describe and show the invention, and which explain its distinctions from existing technology.
   – To support a broad scope of claim language, possible alternatives should be reviewed for feasibility. Including alternatives, even those which will not work as well as the ideal version, can help to limit the ability of competitors to “design around” the patent claims.
   – The claims of the application are the most important part, as they define the scope of protection granted by the patent. The claims should be clearly supported by the text and drawings to facilitate smooth review by the Patent Office and preserve a strong scope of protection when the patent is eventually granted.
3. File and prosecute application with the Patent Office.
   – The application must meet formal filing requirements of the Patent Office, and known prior art must be reported.
   -Eventually, (typically 1-3 years after filing) a patent examiner will review the application. In rare cases, the application is allowed upon first review. More often, the examiner will reject the claims based on issues of formality and/or based on prior art. Any action needs to be reviewed and a response filed in a timely manner. The examiner then makes a further action, and can either allow the application or reject the claims again, requiring another response from the applicant. How much effort is required to obtain allowance depends both on how clearly the application distinguishes the invention from the prior art and the personality of the individual patent examiner.