3) Develop your idea so you are able to describe how it works and how it will be used. You donâ€™t necessarily have to have a prototype made to file for a patent, but you need more than an idea,â€ says Evans. â€œYou have to be able to describe it so that someone will be able to make or use your invention.â€ Will you build a device? Is it a new software concept? How will it work? What specific components do you plan to incorporate? What specific programming language or raw materials will you need? What actions will a user need to take to make your invention work?