Patent application checklist: everything you need before filing

1. Confirm Patentability of Your Idea

Not every idea qualifies for a patent. To be patentable, your invention must be:

• Novel: It must not have been publicly disclosed anywhere in the world before your filing date.

• Inventive (non-obvious): It can’t be an obvious improvement of what already exists.

• Industrial applicability: It must be capable of being made or used in some kind of industry.

Checklist:
✔️ Does your idea solve a technical problem in a new way?
✔️ Is it more than just an abstract idea, discovery, or natural phenomenon?
✔️ Is it practical enough to be manufactured or applied?

2. Conduct a Prior Art Search

A prior art search uncovers existing patents, publications, or products similar to yours. This helps you refine your invention and avoid filing something that’s already known.

Checklist:
✔️ Have you searched free databases (Google Patents, WIPO Patentscope, InPASS in India)?
✔️ Did you hire a professional search service for a deeper dive?
✔️ Do you understand how your invention differs from existing ones?

3. Decide on Filing Strategy (Provisional vs. Complete)

• Provisional application: Cheaper and faster, gives you 12 months to file a full specification. Useful for early-stage ideas.

• Complete specification: Required for grant. It fully describes your invention and includes claims.

Checklist:
✔️ Do you need early protection while refining your invention? (Provisional)
✔️ Are you ready with the full technical details and claims? (Complete)
✔️ Do you have a timeline for converting provisional to complete (within 12 months)?

4. Gather Essential Documents

Patent offices require a mix of forms and supporting documents. In India (as an example):

• Form 1: Application for grant of patent.

• Form 2: Specification (provisional or complete).

• Form 3: Statement and undertaking (if filing abroad too).

• Form 5: Declaration of inventorship.

• Form 9: Request for early publication (optional).

• Form 18/18A: Request for examination (mandatory).

• Form 26: Authorization of patent agent (if applicable).

• Form 28: For claiming startup/small entity status.

Checklist:
✔️ Specification drafted and formatted correctly.
✔️ Drawings prepared professionally (if applicable).
✔️ Proof of right to apply (assignment deed if applicant ≠ inventor).
✔️ Priority documents (if claiming earlier foreign filing).

5. Prepare a Clear Invention Disclosure

Your attorney or patent agent can only draft a strong application if your invention disclosure is complete.

Checklist:
✔️ Written description of how the invention works.
✔️ Technical drawings, flowcharts, or diagrams.
✔️ Key advantages over existing technology.
✔️ Possible variations or alternative embodiments.
✔️ Dates of conception and development (for record-keeping).

6. Budget for the Full Process

Patenting isn’t a one-time fee. Costs extend across filing, examination, responses, and maintenance.

Checklist:
✔️ Filing fees (varies by entity type).
✔️ Attorney/agent fees for drafting and responses.
✔️ Professional drawings and translations (if needed).
✔️ Maintenance/renewal fees (due after grant).
✔️ Extra funds for office actions or objections.

7. Choose Where to File (Jurisdiction Strategy)

Patents are territorial. Filing in India protects you only in India; filing in the U.S. protects you only there.

Checklist:
✔️ Have you identified key markets (where you’ll sell or manufacture)?
✔️ Do you need international protection via the PCT (Patent Cooperation Treaty) route?
✔️ Are you aware of deadlines for claiming priority (12 months from first filing)?

8. Decide Representation (DIY vs. Patent Agent/Attorney)

While individuals can file patents on their own, the process is technical and full of legal nuance.

Checklist:
✔️ Do you have the expertise to draft strong claims yourself?
✔️ Have you shortlisted a registered patent agent or attorney in your jurisdiction?
✔️ Did you check if they have expertise in your technology field?

9. Plan Post-Filing Steps

Filing is just the beginning. You must follow through until grant.

Checklist:
✔️ Track the application number and filing date.
✔️ Monitor deadlines (e.g., request for examination within 48 months in India).
✔️ Prepare for possible office actions and objections.
✔️ Budget for maintenance fees starting in year 3 (in India).

10. Protect Confidentiality Before Filing

Any public disclosure before filing can destroy your novelty.

Checklist:
✔️ Did you avoid publishing papers, blogs, or product demos before filing?
✔️ Are NDAs signed if you shared details with manufacturers or investors?
✔️ Did you file before presenting at conferences or trade shows?

Final Thoughts

Patenting is as much about preparation as it is about innovation. A well-structured patent application checklist ensures you don’t miss critical steps, waste money on incomplete filings, or lose rights through avoidable mistakes.

By confirming patentability, running a prior art search, gathering the right documents, budgeting realistically, and filing strategically, you give your invention the best chance of being granted—and enforced.

Innovation deserves protection, but protection requires planning. Keep this checklist handy before filing, and you’ll move from idea to granted patent with fewer surprises along the way. 📑✨