Key Takeaways
It’s the moment every entrepreneur dreams of: the flash of insight, the aha moment that births an innovative business idea. For small and medium business (SMB) owners and startups, this idea is the core of your future success. So what happens after the idea is born? It’s time to patent it.
So, how do you actually patent a business idea? We got you. We’ll break down how to get started, the types of business patents available, and some tools to assist you along the way. Let’s find out what you need to get your ideas out there.
Why do you need to patent your business idea?
In a rapidly evolving market shaped by artificial intelligence (AI), and a drive for total digital operational awareness, protecting your intellectual property is more important than ever. Think of your innovation as the engine of your business: you wouldn’t leave a valuable engine exposed to the elements, so why leave your groundbreaking idea unprotected?
Protecting your intellectual property with a patent is a foundational step in scaling your business, ensuring that your hard work and creativity remain exclusively yours as you build your customer base and optimize your operations with tools like Salesforce.
What qualifies as a patentable business idea?
Not every brilliant business concept can be protected with a patent. For business leaders, understanding patentable subject matter is the first step.
Generally, a patent protects an invention — a new process, machine, manufacture, or composition of matter. While pure business methods were once difficult to patent, modern interpretation, especially in areas touching on AI and software, has broadened the scope, though abstract ideas, laws of nature, and natural phenomena remain unpatentable. Here are four classes of items that are patentable:
Start with SMB Basics
- New and useful processes: This includes a new way of doing something, that hasn’t been done before.
- Machines: A machine is a concrete thing that performs a function. It also has to do something that another machine hasn’t done before.
- Articles of manufacture: These are manufactured goods, such as a novel product design for a commerce item sold through an online storefront, that hasn’t been manufactured before.
- Compositions of matter: This category covers chemical compositions, which might apply to certain types of specialized materials or formulas used in a product (that haven’t been made before).
The legal requirements for a patent
To be patentable, your idea must meet three primary criteria: it must be new (novel), useful (utility), and non-obvious.
- Novelty: The invention cannot have been publicly known or used by others before you file.
- Utility: The invention must serve a useful purpose.
- Non-obviousness: The invention must not be apparent to a person having ordinary skill in the art related to your invention.
Patent vs. copyright vs. trademark: Understanding the differences
It’s easy for SMB owners to confuse these three forms of intellectual property. Each protects a different aspect of your business.
Types of patents: utility and design
For most SMBs and startups, the decision comes down to a utility or a design patent.
1. Utility patents protect function: Protects how the invention works and what it does. This is the most common type of patent for software, processes, and business methods that integrate technologies like AI and LLMs into operational workflows such as those managed by your CRM. Generally lasts for 20 years from the date of application, provided maintenance fees are paid.
2. Design patents protect appearance: Protects the unique, ornamental appearance of a manufactured item. It does not protect the function of the item. A startup selling a unique, aesthetically pleasing physical device that interacts with a service app on Starter Suite would use a design patent for the device’s look. Lasts for 15 years from the date the patent is granted, with no maintenance fees required.
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The patent process in 6 steps
The patent process is detailed and requires careful execution. Following these steps will help SMBs and startups navigate the journey successfully.
Step 1: Document and analyze your idea
Create a detailed, dated record of your invention. This record should explain how the idea works, what problem it solves, and how it’s different from existing solutions. This is the foundation of your future patent application.
Maintain a formal log of all development steps. This can be crucial in the event of a legal dispute over who invented the idea first.
Pro Tip: May we recommend beginning this journey with a CRM so you can compile your information, contacts, and patent stages together in a collaborative database (and invite your teammates when you grow).
Step 2: Conduct a thorough patent search
Before investing significant time and money, search for “prior art” — any evidence that your invention is already known. This includes existing patents, published articles, and public-use items. A thorough search will help you refine your claims and assess your patent’s non-obviousness.
Based on your search, narrow down exactly what is novel, and non-obvious about your idea. And again, your CRM can assist you with this, using AI-assisted search and collaborative notes with your team in Slack.
Boost team productivity with Slack
Bring together your team, your customers, and your tools to help take your business to the next level with Slack — it’s where business gets done.
Step 3: Decide between a provisional and non-provisional application
Next, you will begin the application process. You must first decide whether you need a PPA or NPA. A provisional patent application (PPA) is less formal and allows you to claim “patent pending” status for one year. It’s an affordable way for startups to establish an early filing date while continuing development.
A non-provisional patent application (NPA) is the formal application that’s examined by the U.S. Patent and Trademark Office (USPTO). It requires formal claims, a full description, and drawings. For other countries, you can search for your patent provisional applications for your location.
The USPTO allows “pro se” (self-represented) applicants to file. The process is less formal than a full patent, but it still requires a clear, technical structure. Before writing, search for existing patents or public disclosures (prior art) to ensure your idea is actually new. If a similar product already exists, your PPA may not provide much protection.
Step 4: Prepare the application
Most entrepreneurs use a registered patent attorney or agent. The patent claims section is highly technical and defines the legal scope of your protection. If you decide to hire a lawyer, the process becomes more of a partnership where you provide the “soul” of the invention and they provide the “shield.”
This is the core of your application. It must be detailed enough that a person skilled in your field could recreate your invention just by reading it.
- Title: A brief, descriptive name (e.g., “Solar-Powered Self-Cleaning Water Bottle”).
- Background: Describe the problem you are solving and why current solutions are inadequate.
- Summary: Briefly explain how your invention works and its primary benefits.
- Description: This is the most critical part. Describe every component, how they connect, and the “secret sauce” that makes it work. Use specific terms, dimensions, and materials.
- Cover Sheet: Use Form PTO/SB/16, which asks for inventor names, addresses, and the title.
- Fee: You must pay a filing fee. As of 2026, this is typically $60–$70 for “Micro Entities” (individual inventors with limited income) or $120–$140 for “Small Entities.”
- Upload: Submit your documents as PDFs through the USPTO Patent Center.
When working with a lawyer, you will first provide a detailed “invention disclosure” including your notes and sketches; the lawyer then performs a formal prior art search to assess patentability. Once cleared, the lawyer drafts a high-quality specification and formalizes your drawings to ensure the language is broad enough to prevent competitors from “designing around” your idea.
Finally, the lawyer files the paperwork on your behalf and manages the 12-month deadline, ensuring you are notified when it is time to convert the provisional into a permanent, non-provisional patent.
Step 5: File and respond to “Office Action”
File the application with the patent and trademark office. The patent examiner will send an “Office Action” detailing any objections based on prior art or technical requirements. An Office Action is a formal letter from a USPTO examiner outlining why certain parts of your patent application (usually the “claims”) cannot yet be approved.
Most responses must be filed within three months to avoid late fees, and if you fail to address every point in the letter, your application may be considered “non-responsive” and eventually abandoned. Common ways to respond:
- Amendments: Modifying the wording of your claims to make them more specific.
- Arguments: Providing technical evidence or legal precedents to prove your idea is novel.
- Examiner interview: Scheduling a phone call with the examiner to clear up misunderstandings before filing your written response.
- Request for Continued Examination (RCE): If you receive a “Final” Office Action, you can pay a fee to continue the negotiation.
Step 6: Grant or abandonment
If the examiner is satisfied, the patent is granted, and you become the official owner of the intellectual property.
The most important thing to understand is that a patent does not automatically give you the right to make or sell your invention (you might still need FDA approval or a license for a separate component). Instead, it gives you the legal power to stop others from:
- Making the invention
- Using the invention
- Selling or offering it for sale in the U.S.
- Importing it into the U.S.
Congratulations, you just patented your business idea! But wait there’s more…
A patent is not “set it and forget it.” To keep a utility patent active for its full 20-year term, you must pay maintenance fees to the USPTO at specific intervals. If you miss these, your patent expires early and the invention enters the “public domain,” meaning anyone can use it for free.
Now you are ready to integrate your new business ideas with the best tools in the industry. And we are here for it!
Get your data ready for AI with Salesforce Foundations
Easily activate Foundations in your existing CRM to add key features in Agentforce 360, Sales, Service, Marketing, Commerce, and Data — all for free.
Moving from idea to business growth with CRM
Once your business idea is protected, the focus shifts to execution and growth. This is where a powerful CRM system becomes indispensable. Here’s how:
Start your journey with the Free or Starter Suite today. Looking for more customization? Explore Pro Suite. Already a Salesforce customer? Activate Foundations to try out Agentforce 360 today.
AI supported the writers and editors who created this article.
Frequently Asked Questions (FAQs)
The timeline for getting a patent can vary significantly, but generally, the process for a non-provisional utility patent takes between two and four years from the initial filing date to issuance. Factors such as the complexity of the invention, the volume of applications, and the need to respond to examiner “Office Actions” all influence the total time.
A Provisional Patent Application (PPA) is a less formal, lower-cost application that establishes an early filing date and allows the use of “patent pending” status for 12 months. It is not examined by the USPTO. A Non-Provisional Patent Application (NPA) is the formal application that requires detailed claims, a full specification, and is examined by the USPTO for patentability. The NPA must be filed within the 12-month window of the PPA to claim its earlier filing date.
Yes, you can patent software applications and business methods, but they must meet the three core criteria: novelty, utility, and non-obviousness. Pure abstract ideas, mathematical formulas, or algorithms alone are not patentable. However, if the software or business method involves a practical application that produces a concrete, useful, and tangible result — especially one integrated into a technical platform — it is often eligible.
“Prior art” is any evidence that your invention is already known, publicly available, or described before the date of your patent application. This includes existing patents, published articles, products sold, or public-use items. A thorough prior art search is critical because if the patent examiner finds any prior art that discloses all elements of your claimed invention, the patent will be rejected for lacking novelty or for being obvious.
The total cost to obtain a patent can range widely, typically from a few thousand dollars to tens of thousands of dollars, depending on the complexity of the invention, the type of application, and whether you use a patent attorney. The main components of the cost include USPTO filing, search, and examination fees, as well as attorney fees for drafting the claims, preparing the specification, and responding to “Office Actions” during the examination phase. Small and micro-entities often qualify for reduced USPTO fees.
