The Patent Application Process

To have the best chance of success with your patent application, you need to know the difference between the parts you can do yourself and the parts you should seek help for.

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the patent application process

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Updated on: August 4, 2025
Read time: 5 min

Your invention is yours. You made it. You are and will always be the expert on how your invention works, what needs it addresses, and its place in your technical field. That does not mean you are the expert on the patent process for the patent that protects your invention.

There are some parts of a patent application that you have to do yourself. There are some that you should get help with. To understand how to get a patent, you need to know the difference.

A woman sits at a counter and works on her laptop in a shop.

A patent search is a great example of a part of the patent application process you can do yourself. Let’s say you invent a new method for streaming video services to optimize video to connected devices. Your new algorithm detects the processor speed of the connected device in order to quickly configure the video resolution.

You likely have a detailed understanding of how other video streaming services optimize video for streaming. You may have even read some patents that teach other methods of optimizing video. It is much easier to search for something when you know what you are looking for.

One way to capitalize on that knowledge is to conduct your own patent search. Good search terms will find the patents you already know about—and maybe even a few that you did not. Don’t just save the patents you find, save the search terms too. Those search terms will help whoever writes your patent conduct additional searches and build the language of the patent filing as well.

Choosing the type of patent application to file

Your new method to optimize streaming video may be an interesting technological achievement, but how do you use it to make money? A patent attorney will likely have no idea. The inventor is almost always going to know the business of the invention better than a patent attorney. But, your method may lend itself to six different ways of video streaming—which one is the most valuable?

If you have the invention mostly ready, but still have more research to do, one solution is to file a provisional patent application. Unlike a utility patent application (what most people mean when they talk about filing a patent application), a provisional patent application is a placeholder. The applicant has one year to convert the provisional filing into a full utility application. In the year before you convert the provisional application, you can test all six ways of video streaming to find out which ones work and which ones do not.

A benefit of the provisional patent application is that it does not have to have all the formalities and fees of a utility application, so it usually costs a lot less. For your video streaming invention, for example, you would discuss all six ways it can stream video. One thing to keep in mind, when you convert the provisional application to a utility patent application, you cannot add any more—you are limited to no more than what is in the provisional application. You can’t, for example, add a seventh way that you thought of after filing the provisional application. If you decide to add more material, you will not be able to get the benefit of the earlier patent date for any claim that mentions the new process

Suppose it turns out the real utility of your invention is that the processor speed makes it possible to display information about video quality in new ways. This new UI layout that displays the info can be a design, but not the method for displaying information. It can also be protected separately from your method of video streaming as a design patent. Should you even file a utility patent application at all?

A patent lawyer will know how to protect both the method and the interface, but a lawyer will know a lot less about which one you should protect.

Drafting the patent application

Your first job as an inventor is to educate your patent lawyer on how your invention works. One effective way to do so is with the drawings. For your method of optimizing video streaming, for example, you will likely display how the process works in a flow chart. Keep in mind that the first draft of that flow chart is mostly for your lawyer’s benefit.

What a patent lawyer has control over is what goes into the application and how you write it. For example, your lawyer may remove some of the steps in your method and rename several others. She may do so in order to better get around a prior art reference or to make the invention fall more in line with the kinds of invention that can be patented.

The point is that your lawyer is an expert on how to write the patent and how to file a patent. Your goal as an inventor is to educate the patent lawyer to translate your invention into a format recognizable by patent law and the U.S. Patent Office.

When that relationship goes well, it is not a mere translation of your invention onto the application, but a collaboration. The inventor educates the lawyer on the scope and details of the invention, and the lawyer recommends next steps to create the most enforceable and valuable intellectual property.

You are the expert on your invention, but you need something more than an invention: you need a patent. Work with an expert on getting a patent, and make sure that both you and your lawyer do what you are best at.

If you're ready to file a patent, LegalZoom can help. A LegalZoom provisional application for patent includes completion of the provisional application for patent, digitizing and color adjustment of your technical drawings, and professional review (optional), which includes drafting one independent claim. File a provisional application for patent online now to get started with the patent process. LegalZoom also offers utility patent and design patent services.

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

148 days ago
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This is my 2nd provisional patent with…

This is my 2nd provisional patent with Legal ZOOM. This time I dealt with Mak Champ he was Great, went out of his way to make it as easy as possible. Thank You

JoeSnook
174 days ago
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Great Experience with LegalZoom

My experience in submitting a Provisional Patent Application has gone very smoothly so far. Customer Service and Support was very prompt and answered all my questions very quickly. I highly recommend Legal Zoom.

Viki Mann
232 days ago
Trustpilot star rating bar

Sandra helped me make the additional…

Sandra helped me make the additional orders on my account for the patent information. She helped me on everything I asked for. Thank you for making a difficult process much easier. thnx.

Rodney Kreinbrink
293 days ago
Trustpilot star rating bar

Tiffany was patient,professional and thoughtfully thorough!

Tiffany was patient, professional and thoughtfully thorough in her assisting me through procedures involving my patent processing!!

Valued Customer DT
293 days ago
Trustpilot star rating bar

Professional and Kind

Carrie was extremely helpful in answering my general questions regarding the trademark and provisional patent application process and fees. She was clear and succinct while maintaining a level of kindness and understanding of my needs. She provided the exact information I needed, saving me time and effort in researching via other routes. Thank you!

Teresa
888 days ago
Trustpilot star rating bar

Did a provisional patent application…

Did a provisional patent application (PPA). Streamlined and professional. Very helpful if ever needed. Always a pleasure to work with.

Bill K
936 days ago
Trustpilot star rating bar

Wes is always great to talk to

Wes is always great to talk to. He seems just as excited as we are about the next step in our patent process

Ann
938 days ago
Trustpilot star rating bar

LegalZoom is a great resource for…

LegalZoom is a great resource for anyone needing legal advice and in my case patent applications.

Patrick Walker
952 days ago
Trustpilot star rating bar

Great service

Great service, easy to understand each step in the patent journey. Wes my account manger was great and extremely helpful. I firmly recommend this service to anyone who has an invention they need protecting.

Tony Cooper
Rated4.6out of 5 based on24,103+ reviewson

Showing our favorite reviews

Contents

Updated on: August 4, 2025
Read time: 5 min



Find out more about PatentsStart Now
Twitter logoFacebook logoLinkedIn logoReddit logo

This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

148 days ago
Trustpilot star rating bar

This is my 2nd provisional patent with…

This is my 2nd provisional patent with Legal ZOOM. This time I dealt with Mak Champ he was Great, went out of his way to make it as easy as possible. Thank You

JoeSnook
174 days ago
Trustpilot star rating bar

Great Experience with LegalZoom

My experience in submitting a Provisional Patent Application has gone very smoothly so far. Customer Service and Support was very prompt and answered all my questions very quickly. I highly recommend Legal Zoom.

Viki Mann
232 days ago
Trustpilot star rating bar

Sandra helped me make the additional…

Sandra helped me make the additional orders on my account for the patent information. She helped me on everything I asked for. Thank you for making a difficult process much easier. thnx.

Rodney Kreinbrink
293 days ago
Trustpilot star rating bar

Tiffany was patient,professional and thoughtfully thorough!

Tiffany was patient, professional and thoughtfully thorough in her assisting me through procedures involving my patent processing!!

Valued Customer DT
293 days ago
Trustpilot star rating bar

Professional and Kind

Carrie was extremely helpful in answering my general questions regarding the trademark and provisional patent application process and fees. She was clear and succinct while maintaining a level of kindness and understanding of my needs. She provided the exact information I needed, saving me time and effort in researching via other routes. Thank you!

Teresa
888 days ago
Trustpilot star rating bar

Did a provisional patent application…

Did a provisional patent application (PPA). Streamlined and professional. Very helpful if ever needed. Always a pleasure to work with.

Bill K
936 days ago
Trustpilot star rating bar

Wes is always great to talk to

Wes is always great to talk to. He seems just as excited as we are about the next step in our patent process

Ann
938 days ago
Trustpilot star rating bar

LegalZoom is a great resource for…

LegalZoom is a great resource for anyone needing legal advice and in my case patent applications.

Patrick Walker
952 days ago
Trustpilot star rating bar

Great service

Great service, easy to understand each step in the patent journey. Wes my account manger was great and extremely helpful. I firmly recommend this service to anyone who has an invention they need protecting.

Tony Cooper
Rated4.6out of 5 based on24,103+ reviewson

Showing our favorite reviews