What steps are required to get a patent?

You should not disclose your invention to any third party before you file a patent application or at least have the third party, to whom you disclose your invention, sign a Non-Disclosure Agreement (NDA). So, if you want to proceed with patent protection, you truly need to file a patent application, even a provisional patent application, as soon as possible - this permits you to disclose your invention to third parties, AND, since the US is now a first-to-file patent system, the earlier you file a patent application, the earlier you establish your priority filing date with respect to anyone else developing the same invention or technology. Therefore, you should engage a patent attorney/agent as soon as possible.

The best moment to file an application is also something that can best be discussed with your patent attorney. This will depend greatly from technical field to technical field and within a technical field from subject to subject. Things that influence the best moment to file a patent application are:
- is your invention fully enabled? This means: do you have a working prototype or at least a paper description of the embodiment of your invention. Can you describe it in such a way that someone skilled in the field could rework it?
- how hot is the filed in which you are working, in other words is there a large chance that soem other party will invent the same thing?
- is there a need for you to disclose the invention in the near future?
- what is the risk that your (ex-)employees will publicly disclsoe the invention? How about clients or collaborators?
- do you expect many developments on your invention. If yes, what is the timeframe in which these developments will take place. Can these be covered in one and the same patent application or is a series of patent applications preferable?
- when will your invention start to deliver revenues? What are your markets?

All of these aspects play a role in determining the optimal moment to file your patent application. It is the best to discuss these as soon as possible with a patent attorney for at least the following reasons:
- to decide on themoment of filing
- to steer your research efforts to obtain the best possible data to support your invention