8 Key Legal Considerations When Developing an Invention
Updated February 3, 2026Developing an invention is an exciting process—but it’s also one that comes with legal, technical, and business risks. Many inventors focus on the idea itself while overlooking the infrastructure needed to protect, commercialize, and scale it. Before investing significant time or capital, first understand the rights, process and preparation that you will need to succeed.
#1 An Invention Must Be Useful, New, and Not Obvious
Utility patents in the United States and its territories are administered by the United States Patent and Trademark Office (USPTO). To qualify for patent protection, an inventor must prove that the invention meets three core requirements: utility, novelty, and non-obviousness.
Useful means the invention performs a real function and offers practical utility beyond being purely decorative or aesthetic.
Novel means the invention has not been previously disclosed, patented, or publicly known. Under U.S. law, patent rights go to the first inventor to file, not necessarily the first to invent.
Non-obvious means the invention would not have been obvious to a person with ordinary skill in the relevant technical field at the time it was created.
When the invention is purely ornamental and applied to a functional object, protection may instead fall under a design patent, provided the design itself is new and non-obvious.
#2 There Are Likely Inventions Similar to Yours
Inventing is expensive. That’s why, before investing in models, iterations, prototypes, or patent filings, it’s worth it to do your homework. Chances are, there are inventions that resemble yours—or parts of it. You cannot patent ideas or elements that are already known or protected. This is where a prior art search becomes essential. A prior art search is a detailed review of patents, applications, publications, products, and other disclosures to assess whether an invention is truly patentable. Common sources include:
USPTO databases
Google Patents
International patent offices
Industry publications and technical literature
While inventors can conduct preliminary searches themselves, comprehensive searches are best handled by patent attorneys, patent agents, or specialized prior-art search firms, as the process requires technical expertise and legal interpretation.
#3 Your Employment Status May Limit Your Rights
If you are employed in a role that involves creating intellectual property—such as a developer, designer, engineer, or programmer—your employment agreements may directly affect ownership of your invention. Common agreements include:
Confidentiality agreements, which prohibit using or disclosing proprietary employer information outside the scope of employment. Using such information to develop a personal invention may constitute a breach.
Non-compete agreements, which can restrict employees from developing competing products or businesses, sometimes even after employment ends.
IP assignment agreements, which typically grant the employer ownership of inventions created during employment, using company resources, or relating to job duties—even if developed off-hours.
Before assuming an invention belongs to you, carefully review all agreements you’ve signed. In many cases, inventions created “on your own time” may still belong to your employer.
#4 Filing a Patent Means Making Your Invention Public
A patent is essentially a bargain with the government: you disclose your invention to the public, and in return, you receive a limited exclusive right to exploit it. Once you file a patent application, the invention will eventually be published. At that point, trade secret protection is no longer available. This makes it critical to evaluate whether patent protection is truly the best strategy. Trade secrets—such as formulas, processes, or methods—can last indefinitely, but only as long as they remain confidential. Unlike patents, trade secrets do not prevent others from independently discovering or reverse-engineering the same solution through lawful means. Once secrecy is lost, so is protection.
#5 A Patent Application Is a Significant Investment
Applying for a patent is not just a filing—it’s a technical and legal undertaking. A patent application requires:
A detailed technical description of the invention
Breakdown of all components and functions
Disclosure of known prior art
Carefully drafted claims defining the scope of protection
Because small drafting mistakes can severely limit or invalidate protection, applications are best prepared by experienced patent professionals. The process often involves months of preparation and years of communication with USPTO examiners. While costs vary, serious inventors should realistically budget several thousand dollars or more for a properly prepared patent application.
#6 Filing an Application Does Not Guarantee a Patent
Submitting an application and paying filing fees does not mean a patent will be granted. After filing, USPTO examiners conduct a substantive review to determine whether each claim meets patentability requirements. Examiners may:
Reject claims
Require amendments
Cite prior patents or publications
This back-and-forth process—known as prosecution—can last years. Only claims that survive examination are ultimately granted. Importantly, a patent is granted claim by claim, not for the invention as a whole. Patent rights generally date back to the original filing date, but approval is never automatic.
#7 A Patent Rarely Covers an Entire Invention
Most inventions build upon earlier technologies. As a result, patents typically protect only the novel and non-obvious improvements, not everything about a product. If your invention incorporates existing patented technology, your patent will not override prior patents. Instead, multiple patents may coexist, each covering different aspects. For example, if you patent a new helicopter propeller design, and someone later patents a drone that uses your propeller, both patents can be valid—each limited to its own claims. Licensing is often required for commercial use.
#8 Every Patent Eventually Expires
Patents are not permanent. A utility patent generally lasts 20 years from the filing date, subject to maintenance fees. Once a patent expires, the protected invention enters the public domain, meaning anyone can use it freely without permission or payment. This is why generic drugs often enter the market after pharmaceutical patents expire, dramatically reducing prices. Patents provide a temporary monopoly—not eternal control.
Conclusion
While inventing is creative, protecting and commercializing an invention is strategic. Those who succeed long-term are those who treat intellectual property as a business asset from day one—not an afterthought. Putting the right team in place is critical from early on.
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*This article is provided for informational purposes only, and does not constitute legal advice, counsel or representation.
