So, you had an idea – a good one.  

It’s new! (Nobody has disclosed it to the public before, and you haven’t either, except within a certain time frame.)

It’s useful! (It’s not just theoretical; it does something in real life.)

It’s non-obvious! (It’s something more than a simple derivative combination of existing components.)

It’s patentable subject matter! (It’s a process, a machine, an article of manufacture, or a composition of matter.)

So, all you need to do is disclose it to the UPSTO and TA–DA: a (utility) patent for you!

Right? Maybe… maybe not…

Winding Road Ahead?

Who are you? How did your invention come into existence? These two important questions which may affect your path ahead.

Are you an independent inventor? You dreamed up your widget in your garage? Your roadblock might be financial.

Are you an employee at a corporation? A student or a faculty member at a university? Your roadblock might be ownership or licensing.

Fees and Funding

The patent application process is expensive. Let’s compare the patent process to copyrights. Copyrights protect expression. If you create an original work and you fix it to a tangible medium (a painting, a poem, a blog): TA-DA! You have a copyright.

This is not how it works for patents. You only have patent protection after you file for it.

While copyright registration is not required to have a copyright, it can be advantageous since you need a registered copyright to legally enforce your rights. There are some steps to register a copyright, but it’s not too complicated or costly. Registration costs are relatively low: depending upon your expressive work, you might be able to register your copyright for under $100.

Alternatively, the patent application process can be complicated and costly. Most applicants are represented by a patent attorney or registered patent agent. You can file on your own, though, or can get assistance from programs like the Pro Se Assistance Program, but you’ll still have fees! Patent application fees differ depending on the category in which you are classified as an inventor: independent inventors typically pay less than large entities.

First, you pay a filing fee. Then, you are responsible for paying for a patent search, which is a way to check existing patent databases and the web to confirm if your invention has been disclosed before (this prior disclosure is called prior art). Next, you pay the patent examiner’s fee which accounts for the time of the person who would be walking you through this process. If your patent application meets all the necessary requirements, and a patent is issued, you’ll be responsible for patent issuance fees. Every few years after that, you would pay patent maintenance fees over the life of the patent. If you ever have to defend your patent, there will be fees associated for that process, too.

Because of all of these fees, even the simplest utility patent will cost over $500 at the absolute minimum – without considering the cost of a patent expert to help draft the application. This is why funding is so critical – and those without it have far fewer patents. (This article shows how statistically, the likelihood of an individual having a patent is correlated to their parents’ income.)

If you need to secure funding, you might not have much time. Why? Because if you already disclosed your invention – meaning if you published information about it, started selling it, etc. –  the patent application clock is ticking. You only have one year from disclosure to file your patent application. Even if you haven’t disclosed your invention, waiting poses a risk that someone else might file first. Even if you invented first, another patent application filed first will “anticipate” your invention. Your patent application will be rejected as not novel (aka it’s not a new invention).

While there are lots of resources available to independent inventors and small businesses, including federal grants and America’s Seed Fund, it can still be challenging for independent inventors, startups, and small businesses to justify the costs for a patent.

Little Cog, Big Wheel

You had an idea! Was it related to your employment? Your university?

If you’re at a big tech company, the federal government, or another corporation, like Ford, you might be in a position to receive benefits like cash payouts and legal support!

But ownership and licensing might be a concern for you.

The concept of patent ownership equity is controversial in some circumstances: who should receive the benefits of a patent when the patent idea is developed within a larger organizational structure?  

On one hand, your employer is probably paying you for your work! Are you already being compensated for your invention? Could you have created your invention without the resources, lab equipment, materials, and network of your employer or university?

On the other hand, you may have signed away your rights to exclusive use or the right to license your patent without even knowing you did so. Many employers require employees to sign a Patent Assignment Agreement as a condition of employment. You probably had no occasion in which to negotiate this agreement. If your patent is issued, you might not receive just compensation. Your university might even sell your patent’s licensing rights (the right for someone to develop an invention for a certain amount of time) to a higher bidder. In this example, an inventor-researcher’s university sold the license agreements to the inventor’s patent, which meant that her company could not produce the mRNA vaccines that her research made possible.

When you are at the mercy of your corporation’s or university’s IP policy, you’re a little cog, in a big wheel, hoping that you aren’t being taken advantage of.

The path to a patent might be smooth sailing – or it might be a little bumpy. Patent protection can be reasonable and accessible, or less so. Hopefully, it is worth the ride.

Rachel Wright
Associate Blogger
Loyola University Chicago School of Law, JD 2025