Milestone map
Milestone map
3 milestones
Document the invention — prior art search and patentability assessment
3–6 weeks
Document the invention specifically enough to be patentable and conduct a prior art search to assess whether it is novel. A patent protects a specific invention — not a business model, not a software category, not an idea — but a novel, non-obvious, and useful implementation. The prior art search is not optional: filing a patent without searching for prior art wastes legal fees and typically produces a narrower or rejected patent. Free tools for prior art searching include Google Patents and the USPTO Patent Full-Text Database.
Proof required
Share a written invention description covering: (1) what specifically the invention does, described technically enough that someone skilled in the field could understand it; (2) what makes it novel — at least one specific difference from existing approaches; (3) the results of a prior art search: name at least 3 relevant prior art references found, and describe one sentence on why each does not anticipate your specific invention.
What gets checked
- Invention description is specific and technical — not 'a better way to do X' but the mechanism by which it achieves a result.
- Prior art search references 3+ specific patents or publications found, by name or number.
- Why each reference does not anticipate the invention is explained — the distinction must be technical, not commercial.
Common mistakes
- Invention described commercially rather than technically — 'an app that does X better' is not patentable as described; the specific technical implementation is.
- No prior art search: 'we don't think anyone has done this before' without searching is not a patentability assessment.
- Prior art found but the distinction from the invention is absent — the novelty argument is the entire basis for patentability.
Resources
Foundationstart here
Depthgo deeper
Masteryfor the dedicated
What a verifier looks for
- The prior art references must be real and named — ask for the patent numbers or publication titles, not just a description of the field.
- The technical distinction from each prior art reference must be specific — 'they don't solve the problem in the same way' is not sufficient; the specific technical difference must be named.
- If no prior art was found, this is a yellow flag rather than a green one — either the search was not thorough enough, or the invention is in a highly novel area (rare).
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File the patent application — provisional or full
4–8 weeks (from M1 to filing)
File the patent application with the relevant patent office. In the US, a provisional application is the most common first step — it establishes a filing date (priority date) and gives 12 months to file a non-provisional. In Europe, the equivalent is filing with the EPO. The filing confirmation is the legal evidence of the application. Filing a patent without a legal advisor (a registered patent agent or attorney) is technically possible but significantly increases the risk of a weak or unenforceable patent — this milestone does not require a legal advisor, but the evidence should acknowledge whether one was engaged.
Proof required
Share your patent filing confirmation from the patent office — the filing receipt showing the application number, filing date, and the office it was filed with (USPTO, EPO, or equivalent). Write one sentence on whether you engaged a registered patent agent or filed pro se, and why.
What gets checked
- Filing receipt from the patent office is shown — application number and filing date must be visible.
- The office is named — US, EU, and international (PCT) patents have different scopes; the choice should reflect the intended territory of protection.
- Pro se vs. professional filing is addressed — if filing pro se, an honest acknowledgement of the risk is more credible than no mention.
Common mistakes
- Filing receipt not provided — 'we've filed' without documentation is not a filed patent application.
- Provisional filed but treated as a complete filing — a provisional establishes a priority date but must be followed by a non-provisional within 12 months.
- The filing territory is not addressed — patenting in one jurisdiction provides no protection in others; the scope decision should be deliberate.
Resources
Foundationstart here
What a verifier looks for
- The filing receipt application number should be verifiable via the USPTO PAIR system (for US applications) — this is a public record.
- Provisional vs. non-provisional distinction should be addressed: ask if this is provisional or full, and when the next step is due.
- Professional vs. pro se filing: if pro se, ask what aspects of the claims were most challenging to write — this surfaces whether the application is likely to be substantive.
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Patent pending — first office action or application publication
12–24 months (patent office timelines are not controllable)
Receive the first substantive response from the patent office — either a first office action (USPTO or EPO's initial assessment) or the application's publication (18 months after filing). The first office action is almost always a rejection of some claims: this is normal and expected. The response to the office action is the proof that the patent process is being actively pursued, not abandoned. A patent pending status with no response to an office action is not an active patent process.
Proof required
Share the first office action document or the publication notice from the patent office (publication number and date visible). Write one paragraph on what the office action said: which claims were rejected, on what grounds, and how you (or your patent agent) plan to respond. If the application has been published but no office action has been issued yet, share the publication and write a one-sentence update on where the application is in the examination queue.
What gets checked
- First office action or publication notice is shown — application number and date visible.
- Response to office action is addressed — which claims were rejected and what the response strategy is.
- If no office action yet: queue status is provided — a US application in examination typically receives a first office action within 12–18 months.
Common mistakes
- No substantive response to office action: 'we received it but haven't responded yet' — the 3-month response window is a hard deadline in most jurisdictions.
- Office action claims all rejections are mistakes: in practice, patent agents almost always argue some claims and narrow others — a response that argues everything without narrowing anything rarely succeeds.
- Application abandoned without notice: this milestone requires an active application; an abandoned application is not patent pending.
Resources
Foundationstart here
What a verifier looks for
- The office action document or publication notice must be from the patent office — not a third-party tracker or summary.
- If an office action was received, ask for the response deadline — the 3-month window is often extendable but the deadline must be known.
- The response strategy should acknowledge that some claims are likely to be narrowed — a strategy that plans to argue every rejection without narrowing reflects inexperience with the patent process.
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