As physicians, we are constantly problem solving. In this process, many of us find ourselves wondering about solutions to problems that come up regularly. Sometimes, this can lead to great business ideas or ideas for products spurred by needs we see in our daily lives or medical practices. In fact, innovation in health tech and medicine is often driven by physicians who encounter real-world problems and develop novel solutions. As such, a question we sometimes get on Physician Side Gigs is, “How do I patent my idea?” Below, we’ll cover why you may want a patient, what physicians in our community have said about their experience getting a patent, and other things to know before embarking on the patenting process.
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Is the Process of Getting a Patent Worth It For Doctors with a Business Idea?
As you may imagine, whether it’s worth it to you or not is going to be highly dependent on your experience and your results. Many of our community members have pointed out that the entire process is a labor of love, as there are no guaranteed results and it is a long road. Some of them are very grateful to have done it and enjoyed the pride of receiving the patent, even if nothing materialized financially in the long term. Others doubt that they would do it again and warn members that they’d recommend spending the time doing something else unless they’re convinced this will lead to a sale (and hopefully have data to back it up). And for some, it’s been a very lucrative endeavor that led to a sale and/or recurring revenue.
What Is a Patent?
Before discussing how to obtain a patent, it’s important to understand what they are and what their purpose is. Many doctors use the word patent to refer to anything you own the rights to, when in reality, the all encompassing term for this is intellectual property. Intellectual property is any piece of work or invention, whether physical or produced in an abstract form (such as music or art), or prototype that exists in a form that can be shared or distributed such that it can be copied, recreated, or manufactured.
There are several types of intellectual property, including patents, but also including trademarks, copyrights, and trade secrets. A patent, however, applies specifically to physical products or design ideas for physical products.
Characteristics of a Patent
In the United States, the patent:
Provides a public detailed disclosure about the invention, to the extent that others may be able to copy it, but assigns it to the inventor for a certain period of time
Gives the holder of the patent (the inventor) the protection of being the only person that can make or sell that invention or import it into the U.S. during that period of time
Allows you to take legal action against somebody else who tries to make, use, sell, or import your intellectual property during that period of time
Can only be enforced within U.S. (and U.S. territories and possessions)
Requires you to pay maintenance fees in order to keep it in force
Can be extended or adjusted under special circumstances
How Are Patents Different From Trademarks, Copyrights, and Trade Secrets?
Trademarks protect words, logos, sounds, or other images/phrases that are associated with a certain good or service. When you see a little ™ or ® symbol, this is an indication that the verbiage/images with these symbols are protected and cannot be used by competitors.
Copyrights protect works of art or authorship such as music, literature, screenplays, software, architecture, or any other forms of art expression.
Trade secrets refer to information that carries economic value by nature of their secrecy, such as a recipe, a particular algorithm used for manufacturing, contact lists, or other proprietary information. These are key to the success of a business, and if they got out, would result in a loss of the competitive edge that the business has. Unlike a patent, these remain proprietary.

Types of Patents
The United States has three types of patents: a utility patent, design patent, and plant patent.
A utility patent protects new processes, machines, or compositions of matter or any new and useful improvements to existing processes, machines, or compositions of matter. It’s the most common type of patent application submitted.
Design patents protect the unique design of a product, rather than its function. If your invention is novel due to its aesthetic components, a design patent may be useful.
Plant patents refer to new varieties of plants, which doctors will most likely not be creating.
Determining Patentability
Before investing time and money into a patent application, it’s important to evaluate whether your invention meets the three criteria for patentability. Per the US Patent and Trademark Office, in order to qualify for a patent, your invention must meet four criteria:
It must be usable in a functional way, not just a concept or idea
You must have clear instructions on how to make and use the invention
The invention must be new - you cannot submit a patent for something that already exists but doesn’t have a patent, and it has to be a novel idea
It cannot be obvious or a small change to an existing invention; it must be significant
Before jumping into the patenting process, it’s a good idea to conduct a preliminary patent search to identify any existing patents that may overlap with your invention using a database such as the United States Patent and Trademark Office (USPTO). The USPTO will sometimes reject applications as they’ve found something similar that’s already patented you’re not familiar with. It may be worth saving time and energy to hire an intellectual property patent search company to research whether or not your invention already exists in a similar form.

How Much Does Getting a Patent Cost?
There are several fees involved in filing a patent (which may be amplified depending on if you use an external service or legal professional to help you). The fees will also vary based on the type of patent application. A complete list of the most current fee structure is available on the USPTO fee schedule.
The most basic fees involved in the application process for a patent are a filing fee, a search fee, and an examination fee. If your patent application is particularly complicated and/or contains a lot of pages, there can also be excess claims fees and/or an application size fee.
These are due when the patent application is filed, and generally range from a few hundred to a few thousand dollars depending on the complexity and size of the application.
It’s important to keep in mind that these initial fees are not a guarantee that you get a patent, as your patent application still has to be approved by the USPTO.
If you are fortunate enough to be granted a patent, there will be additional fees for issuing and publishing the patent, which come to another thousand dollars or so.
After this, you will have fees for maintaining the patent past the first few years that get progressively more expensive. These are generally several thousand dollars.
There are also additional fees that can come up that are beyond the scope of this article, but that can also add up.
Is My Invention Worth Patenting?
Just because you have a great idea, doesn’t necessarily always mean your invention will have high market value. Doing preliminarily market research to determine how your invention is received/what the demand is for it can be worth it in the long run. You also will want a sound business plan of what all your relevant expenses will be (employees, marketing, manufacturing costs, etc.), how much you’ll charge for your invention, and how many people will need to buy your product in order to make it profitable. Take into account any unique marketing advantages you have, such as having a robust social media presence that would allow you a wide audience to promote your product.
Regardless of whether you feel patenting your invention is feasible at this time, make sure you document your invention so you can always patent it in the future. Be sure to maintain detailed records of your invention process, including sketches, prototypes, test results, and improvements. This will allow you to strengthen your patent application in the future and it can serve as evidence in the case of disputes.
The Patent Application Process
Do I Need a Patent or Intellectual Property Attorney or Agent to Help Me?
While you are able to file as a ‘pro se’ applicant by yourself, members of our communities reiterate that as a physician, it’s likely well worth your time and opportunity cost to hire an attorney, as the journey is complex, and mistakes are costly. Look for a patent attorney with experience in medical technology, or whatever specific field you are creating your product for, as this will help you increase your chance of approval. This person will have knowledge of both patent law and the policies and procedures of the USPTO, and will be able to ensure that the particular patent you apply for is actually capable of protecting your invention.
Decide Whether You Need a Provisional Patent or Not
Before you take on the hefty task and expenses of filing for a patent, many think it is a good idea to file a provisional patent application (PPA) with the USPTO. Filing a provisional patent establishes an early filing date which protects your idea and allows you to use the term “patent pending” for up to 12 months. It is a cost-effective way to secure your place in line while you’re refining your invention, seeking investors, and/or navigating the patent process.
File and Submit Your Application
Within your 12-month provisional period, or if you’re going straight to the nonprovisional application, you will be required to submit a non-provisional patent application to move forward. This will include a detailed description of your invention, claims defining your invention’s uniqueness, any drawings/diagrams, and your patent filing fees (ranges from a few hundred to several thousand dollars, depending on complexity). Patent applications are submitted through EFS-Web, the USPTO’s electronic filing system.
Pre-Prosecution
After you’ve submitted your application, a patent examiner will review your application to ensure it meets legal requirements. If your application is deemed incomplete, the USPTO will notify you via mail of what’s missing and will provide you with a limited period to update your application.
Wait
The patent review process can take 1-3 years with possible revisions or rejections before final approval. Remember that if you are using a patent attorney or agent, USPTO will only communicate with them. You or your representative will be notified of any examiner decisions in writing, and if there is something about your application that doesn't meet the eligibility requirements for a patent, they’ll give you the reasons.
If they deny your application based on eligibility requirements, you’ll be given a chance to respond in writing. You and/or your representative will counter each of the points, as long as you do so within the time frame that is given to you. This is especially important, as if you don’t reply within that time frame, you may have to pay extra fees or risk your application being discarded. Your fees to date will likely not be refundable in this situation. There are also ways to engage with the officials via a meeting or phone call. Your patent attorney or agent will be key in helping you navigate this.
Get Approved for Your Patent (Yay!)
If you’re approved, you or your team will receive a Notice of Allowance and Fee(s) Due, which will list any fees due for issuing the patent as well as publication. This must be done immediately within the time frame given.
Maintain Your Patent
This is very important. You will be given a schedule that outlines maintenance fees at specific intervals a few years apart to maintain the patent. You should set up reminders to pay these, and make sure that the fees are up to date with the current fee structure, as the USPTO states on its website that it does not mail notices. If the fee isn’t paid, they may send out a reminder, but there will likely be expensive fees associated with lateness.

Commercializing and Licensing
Once you’ve been granted your patent, you can hold exclusive rights to your invention for up to 20 years. Commercializing your patent can bring its own challenges. You can monetize your patent through several different routes such as manufacturing and selling your invention, entering licensing agreements with companies, or partnering with investors to scale production. You should have a thorough and well researched business plan in place ready for when your patent is approved.
Conclusion
Navigating the patient process can be a challenging and arduous process, but it is a crucial step in protecting your innovations. Before making your decision about patenting your invention, it’s important to ensure it meets the requirements for a patent, does not already exist in some capacity, and is marketable/desirable to consumers. If you decide you want to move forward with the patenting process, find a patent attorney that fits your needs, and be thorough in your application. Having more physician entrepreneurs and innovators can help bring meaningful solutions to healthcare and every other area of our lives.
If you want some inspiration from physicians who have already tackled their dreams of invention, check out our Member Side Gigs page for examples of both medical and non-medical products.
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