How do I file a patent application?

Filing a patent application begins with identifying whether your invention is actually patentable. From there, the process includes drafting the patent application, submitting it to a patent office, and subjecting it to an examination stage. The core steps involve: 1. Conducting a prior art search to uncover similar technologies (use Lightbringer to test patentability). 2. Determining if your idea is new and inventive based on the prior art search. 3. Choosing the appropriate filing approach (provisional, national, regional, or international). 4. Drafting and filing your patent application. 5. Responding to any objections from the patent office during the examination stage.

How much does it cost to file a patent application?

Costs depend on the type of filing, the jurisdiction, and the complexity of the invention. For instance, drafting and filing a European patent application, including official costs, typically cost between €8,000 and €12,000. These figures increase drastically during the prosecution stage. Obtaining protection through an international patent application (PCT application) is even more expensive. However, tech companies can reduce those figures to a fraction via Lightbringer’s fixed-price patent subscription for €499 per month until the grant of the patent application (official costs are excluded).

Do I need a patent attorney?

While it is legally possible to draft a patent application yourself, it is rarely advisable. Drafting a patent application requires an understanding of both legal frameworks and a specialised legal language that will ultimately define the scope of protection of your invention. A poorly written patent application could prove a costly mistake in the future as it will not protect your invention as you expected it to do. Patent attorneys know how to craft claims that prevent competitors from easily working around your patent. As a patent attorney, I help bridge the gap between the realms of law and technology, ensuring you as an inventor receive proper protection for your invention.

What kind of patent do I need?

There are several different ways to obtain protection for your idea. For example: • A provisional patent application is a temporary one-year US placeholder that establishes priority while you decide whether to pursue a full patent. It's cheaper but provides no enforceable rights. • A national patent application gives you 20 years of exclusive rights in that country. • A regional patent application (e.g., a European patent) allows you to file once for multiple countries. • An international patent application (PCT) delays your decision of which countries to file in for up to 30-31 months.

How long does it take to get a patent?

The normal timeframe is about two to five years from filing to grant, depending on the country and the complexity of the invention. Some jurisdictions offer expedited examinations. Strategic timing is crucial: filing early secures your priority date, which can be decisive in competitive markets and provides credibility with investors while your application is pending.

What can be patented? Is my idea patentable?

An invention must be new, involve an inventive step (non-obvious), and be capable of industrial application. You cannot patent abstract ideas, natural phenomena, mathematical formulas, or business methods as such. The invention must solve a technical problem or provide a functional solution. For example, a new AI-based image compression method may be patentable, but an abstract AI concept without practical application typically would not qualify.

What is the difference between a patent, trademark, and copyright?

• Patents protect technical inventions. • Trademarks protect names, logos, and branding. • Copyright protects original creative works like text, images, videos, music, and software code. These protections are complementary and often used together to safeguard different aspects of a business.

How do I protect my idea before filing a patent application?

The best way to protect an idea before filing is to keep it confidential. Use non-disclosure agreements (NDAs) with partners or investors, and avoid public disclosure until a patent application is filed. Early disclosure can prevent you from obtaining a granted patent.

Can I patent an app, software, or business idea?

Under European Patent Office standards, software and apps can be patented if they solve a specific technical problem and have technical character. Pure business ideas without technical implementation are not patentable.

How do I do a patent search?

A patent search (prior art search) helps determine novelty. You can use public databases like Espacenet or Google Patents, but the Lightbringer platform offers AI-driven analysis for a more comprehensive review of claim language, legal status, and filing patterns.

What happens after I file a patent application?

After filing, your application is examined by the patent office, which may raise objections. Your attorney and you will respond with arguments or amendments. Multiple rounds of review are normal before approval.

How do I patent internationally? What is a PCT patent?

A PCT application is an international filing that delays national filings for up to 30-31 months. It does not grant a single global patent but buys time to assess markets and funding before committing to individual countries.

Can I sell or license a patent?

Yes. Patents are intellectual property that can be sold, licensed, or used as collateral. Many startups generate revenue or partnerships based on their IP portfolios, even before grant.

What are common reasons patents get rejected?

Common rejection reasons include lack of novelty, obviousness, vague or overbroad claims, and prior public disclosure. Proper invention understanding and claim framing can reduce these risks.

Can I keep my invention secret instead of patenting it?

Trade secrets can protect inventions indefinitely if they’re hard to reverse-engineer, unlike patents which expire after 20 years. However, trade secrets are lost once information is disclosed or discovered by others.