This page provides information on the types of patents and types of patent applications, and the examination process. A stepbystep overview of a patent application and maintenance process.The five stages of a patent process. The first step in the patent process is determining whether an idea or invention is patentable. It must be new and nonobvious. Getting a patent in New York is the same as any other state. The patent application is filed with the United States Patent and Trademark Office (USPTO). Learn about patents process law services from the NYC Bar Legal Referral Service. Find an attorney in New York. The patent must be filed within one year of the invention being publicly disclosed or published.