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This guide walks you through the practical next steps after coming up with an invention idea, from keeping it confidential and searching existing patents to considering protection, commercial potential and the right path forward.
If you have a new invention idea, the best next steps are to document it clearly, keep it confidential, search for similar inventions, assess its commercial potential, and determine which intellectual property protection may be appropriate before you share it widely. For patentable inventions, getting advice before public disclosure is particularly important
Having a new idea is exciting, but it can also be the point where things suddenly become complicated. Should you build a prototype? Search for patents? Tell potential customers? Find an investor? File a patent application? Or keep absolutely everything secret?
At Patenteur, we do not charge for reviewing new ideas and advising inventors on their IP options, so it’s highly recommended that you get in touch with us if you believe you have a patentable new idea.
You don’t need to do everything at once. The important thing is to take the next few steps in the right order.
1. Write down your invention in as much detail as you can
Start by getting the invention out of your head and onto paper.
Describe:
- what the invention does
- the problem it solves
- how it works
- which parts you believe are new
- possible alternatives or variations
- how someone might manufacture or implement it
- any improvements you are already considering.
Include sketches, diagrams, test results and development notes where useful.
Document your idea and the invention properly while the details are fresh – you don’t need to create a perfect patent application yourself.
For example, if you have developed a new safety device, don’t simply write, “improved safety device”. Describe what makes your device different, how the components interact and what particular problem your approach solves.
A detailed description can help you clarify what is genuinely new and unique about your invention. Identify the features that may be worth protecting and make later discussions with a patent attorney much more productive.
Better yet, get in touch with us and we can provide you with a guide to the type of information that is needed when we review new ideas.
2. Keep your invention confidential before you share it
One of the easiest mistakes to make is also one of the most understandable: getting excited and telling everyone.
A conversation at an industry event, a product demonstration, a crowdfunding page, a social media post or even an academic presentation may reveal more than you should.
For Australian patent applications, IP Australia recommends keeping an invention secret until a patent application has been filed or another protection strategy has been chosen. Although Australia has a grace period that can apply to some disclosures, relying on it can create unnecessary risk, particularly if overseas patent protection may eventually matter.
If you need to involve an engineer, manufacturer, developer, potential commercial partner or other third party, consider whether a confidentiality or non-disclosure agreement is appropriate.
An NDA is useful, but it is not the same as a patent. It binds the parties to the agreement; it does not create patent rights against the rest of the world.
NDAs can also be difficult to enforce.
Depending on the invention, that protection strategy may involve filing a patent, maintaining parts of the technology as trade secrets, or using both approaches together.
3. Search before spending heavily on your invention
A patent search can tell you far more than whether somebody has invented exactly the same thing.
If you want to do some initial searching yourself, our guide to patent search tips for inventors explains how to use keywords, patent classifications, citations and search tools to get a clearer picture of what already exists.
It can help you understand:
- what technology already exists
- how others have tried to solve the same problem
- where competitors are concentrating their development
- whether your invention appears to have something genuinely different
- where there may still be gaps in the market.
IP Australia specifically recommends checking existing patents before applying, while WIPO’s PATENTSCOPE provides access to international patent material.
A search does not have to kill an idea simply because something similar appears. In fact, knowing what others have done in the same space typically leads to stronger patent rights!
Imagine you have developed a new door locking mechanism. A search might reveal dozens of existing locks but nothing using your particular arrangement. That information could help clarify where the potentially valuable part of your invention lies.
It can also save you from spending thousands of dollars developing something that is already well known.
Finding similar inventions does not necessarily mean you should abandon your idea. Our guide to working out whether your invention is new explains how existing technology can help you identify what may actually be different about your invention.
Not sure what to do next with your invention idea?
Coming up with an invention is exciting, but the next steps are not always obvious. Before you share it widely, build a prototype or spend heavily, it helps to understand what may be new, what could be worth protecting and where the commercial risks sit.
An early conversation can help you assess your invention, identify the forms of IP that may be relevant, and work out practical next steps around confidentiality, patent searching, filing strategy and commercialisation.
Book an IP strategy consultation to get clear on the next step for your invention.
4. Work out what intellectual property actually needs protecting
Not every valuable idea should automatically become a patent.
Different parts of the same product may also require different forms of protection. It’s worth understanding the different types of intellectual property and what they protect before deciding that a patent is the only answer.
The right protection depends on what you have created.
Patents
A patent may be appropriate where the value lies in a new and inventive device, system, method or process.
For patent protection in Australia, an invention generally needs to be suitable patentable subject matter that is new, useful, and inventive.
If a patent looks like it may be relevant to your invention, you can learn more about patent protection in Australia and how the Australian patent process works.
Registered Designs
If the commercial advantage lies mainly in the appearance of a product rather than how it works, registered design protection may be relevant.
Trade Secrets
Some valuable methods, formulas, algorithms, processes or know-how may be better kept confidential rather than disclosed through the patent system.
Trade marks and copyright
Your eventual product may also generate other IP. The product or company name may require trade mark protection, while software code, drawings, photographs and written material may attract copyright protection.
Successful products often involve several forms of IP working together rather than one right in isolation.
5. Decide whether a patent application should come before your prototype
You do not need a polished prototype or commercial product before discussing patent protection.
In fact, waiting until the prototype is finished, demonstrated and being promoted can be the wrong order.
The more useful question is whether the invention is developed sufficiently for its important features to be properly described.
A provisional patent application can sometimes establish an early filing date while providing a further 12 months in which to develop the invention and decide whether to proceed with Australian or international applications. A provisional application itself does not give you enforceable patent rights, and the quality of what is described at this early stage matters.
This is one reason early patent advice can be valuable.
6. Test whether anyone actually wants your invention
Patentability and commercial potential are two different questions.
You can have a technically clever, patentable invention that nobody wants to buy.
Once you have considered how the IP should be protected, start testing the commercial assumptions behind the idea.
Ask:
- Who has this problem?
- How are they solving it now?
- How frustrating or expensive is the current solution?
- Who would actually pay for something better?
- How much might they pay?
- Can the product be manufactured or delivered economically?
If outside investment is likely to form part of the journey, it is also worth thinking early about how intellectual property can support venture funding, because prospective investors may want to understand what the business owns, what has been protected and where its competitive advantage lies.
A prototype can be extremely useful at this stage. It might be a basic mock-up, a 3D-printed model, working software or simply enough of a proof of concept to test the important assumptions.
A good invention is only one part of building a successful business. You still need to understand your customers, pricing, manufacturing, marketing and funding, and often bring in the right people to help turn the idea into something commercially viable.
7. Build an IP strategy around where the business is going
For an Australian startup, the question should not necessarily be, “How do I get an Australian patent?”
It may be:
What do I need to protect, where do I need protection, and when should I spend the money?
Patents and other registered IP rights are territorial. If your likely customers, manufacturers, investors or competitors are in the United States, Europe or Asia, your international plans may influence decisions made much earlier in Australia.
A sensible strategy might therefore involve protecting one important aspect now, keeping another as a trade secret, testing the market during the following months and only pursuing overseas filings in commercially important countries.
Protect the parts of the business that matter, rather than collect IP rights. That is why your patent decisions are best considered as part of a broader intellectual property strategy for the business, rather than as an isolated legal exercise.
Frequently asked questions about invention ideas
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Can I patent an idea in Australia?
You cannot protect a vague concept simply because you thought of it first. A patent protects an invention that meets the legal requirements, including novelty, inventiveness, usefulness and appropriate subject matter.
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Should I tell people about my invention before applying for a patent?
Ideally, get advice first. Public disclosure can affect patent rights, particularly internationally. If disclosure is necessary, confidentiality arrangements may help, but the safest strategy depends on your circumstances.
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Should I do a patent search myself?
A preliminary search can be very useful and may reveal obvious prior inventions. Professional searching and interpretation can become valuable where significant time or money will depend on the result.
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Should I build a prototype before seeing a patent attorney?
Rarely. It can be useful to discuss the invention before spending heavily on prototypes, tooling or manufacturing, particularly if those activities will involve disclosing the invention to other people.
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What if I have already told someone about my invention?
Don’t assume that patent protection has automatically been lost. The answer depends on what was disclosed, to whom, whether it was confidential, when it occurred and the countries in which protection may be required. Get advice promptly rather than making further disclosures.
Useful intellectual property collaboration resources
For further reading, these useful IP Australia resources include:
| Article Name and Description | Link |
| What to consider before applying for a patent If you’ve invented a new device, substance or process, you may choose to protect it with a patent. But before you apply, make sure you consider these things. | IP Australia What to consider before applying for a patent |
| How to search existing patents Before you apply for a patent, you need to check if your invention already exists. | IP Australia How to search existing patents |
| Provisional patent applications A provisional application is an optional, inexpensive way of signalling that you may file for a standard patent later on. | IP Australia Non-disclosure agreements |
| How to protect inventions through patents If you seek patent protection in many countries, you may consider filing an international patent application under the Patent Cooperation Treaty. | WIPO How to protect inventions through patents |
Your invention does not need a perfect plan – but it does need a sensible next step
The early stages of an invention are about reducing uncertainty.
Find out what already exists. Understand what is genuinely different about your idea. Protect information that should not yet be public. Test whether there is a commercial opportunity. Then decide where your time and money are best spent.
You don’t need to have every answer before talking to a patent attorney.
If you’re unsure how this applies to your invention, Patenteur can help you work out what may be worth protecting, what should stay confidential and what practical steps to take before you share, prototype, fund or commercialise your idea.
