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.

EXPERT INSIGHTS: How Patents Influence Funding, Valuation, and Exit Potential

Startups live and die by leverage

Ola Wassvik

Serial entrepreneur, CCO & Co-founder of Lightbringer

Whether you're raising your first round, negotiating a strategic partnership, or preparing for an exit—your leverage determines your terms. You cannot compete, or even sell to, large incumbents without leverage. And your discussions with investors will depend on how much leverage you have.

One of the most overlooked (and underused) levers in the startup world?

Patents.

They’re not just about protection. Patents are about perception, positioning, and long-term payoff. And they can dramatically shift how investors, acquirers, and partners see you.

There’s a lot of data that show the impact of patents on funding, valuation and exits, but it’s often explained away with “well there are so many other factors” or “you can prove anything with statistics”. But going back to first principles about why patents work: risk reduction. Whether it is an investor who doesn’t want to lose their money, or a customer who chooses the “safe” option it comes back to them wanting to reduce risk as much as possible.

Let’s dig a little deeper.

Ola Wassvik, Co-founder and CCO at Lightbringer

1. Patents Increase Your Odds of Raising Venture Capital

Investors hate uncertainty. Their entire job is to place calculated bets—and a startup with no defensibility is a risky one.

Startups with patents are 47% more likely to raise VC funding.
And it's not just correlation. Patents signal that:

You’re solving a real, technical problem
Your innovation can’t easily be copied
You’ve taken the time to protect your upside
You have a longer-term vision and structure in place

This kind of signal matters especially at the early stage, when there’s no P&L yet—only product, people, and promise.

Let me take a concrete example from one of my companies. We spent 3 years developing a product, 1 year putting it into production with our lead customer and then about 6 months getting it to market when it was done. We spent millions of dollars on this project. How long did it take for our product to be copied by our competitors?

4 months.

Four months!

It’s insane how easy it is to copy something once you see how it is done. And without our patent protection they would have gotten away with it and our investors would have lost their money.

2. Patents Can Directly Impact Your Valuation

If you're raising at a €5M pre-money valuation, the presence or absence of patents can mean hundreds of thousands on the table. And the higher the valuation, the higher the impact of your patent portfolio, but only if you use it as leverage. Remember: patents say that you have a monopoly on a technology, don’t forget to push that message every chance you get.

On average, companies with patents are valued nearly 2x higher than those without.

Why? Because patents give your startup:

Asset value (yes, they go on the balance sheet!)
Market protection from competitors
Stronger IP narrative in the pitch room
A sense of long-term play, which increases investor confidence

And here’s a concrete number:
You can assign about €100,000 in value per patent to your balance sheet, even when the patent is just pending. For early-stage fintechs, SaaS, or hardware startups, this can significantly reduce goodwill and beef up your asset base.

And when going into negotiations about valuation from Series A and onwards your patent portfolio is one of the easiest ways to beef up that valuation.

3. They Make Your Startup More Attractive in M&A or IPO Scenarios

Whether you're aiming to be acquired or go public, patents can change the game:

M&A deals involving patented startups command 150% higher valuations
You’re 5x more likely to IPO if you hold patents

Why? Because both acquirers and public market investors are looking for defensibility and moats.
They’re not just buying your product, they’re buying your exclusivity.

Think about it:

An acquirer might want your tech but doesn’t want competitors copying it.
They might buy your company just for the IP.
If you’ve patented critical tech, it may even force a strategic buyer to acquire you (because you’re blocking their path).

Again, it comes back to risk reduction. Why play on an even playing field when you can tilt everything in your favor?

4. Patents Give You Leverage in Negotiations

Strong patent portfolios can turn asymmetric power dynamics around.

Imagine you're a small startup negotiating with a massive enterprise. Without patents, you’re one of many. With patents, you may be the only one offering protected, exclusive tech. And the bigger the customer, the smaller their appetite for risk as any project they run will be massively expensive.

That exclusivity gives you:

Better terms in partnerships
Stronger licensing opportunities
Protection if a partner tries to copy or compete with you

A word of caution though, as soon as you start sharing information with customers or partners, even under NDA, they will likely start patenting your technology. So remember, file first to protect your rights.

5. You Can File Strategically to Maximize Investor Interest

You don’t need hundreds of filings to impress. Sometimes just one smart, timely patent can get the attention of a VC or acquirer, especially if it covers something visible, valuable, and hard to work around. And don’t underestimate the value of conceptual patents at an early stage. Ask yourself, what would happen if one of my competitors filed this wide conceptual patent for my tech field? There you have your answer why you need to do it first.

Smart founders file early, then expand strategically:

Use the first filing to secure a priority date and show progress
Follow with PCT filings to broaden global coverage
Add continuations or divisionals as your product and market evolve

The key is to own the terrain that your business depends on—before anyone else does.

Bottom Line

If you’re building something new, disruptive, or hard to replicate, don’t treat patents like a legal checkbox.

They’re a powerful asset with real, measurable impact on:

How much money you raise
What valuation you command
Who wants to buy you (and at what price)

In the startup game, leverage is everything, and patents are one of the few levers entirely under your control.

Use them.

OLA WASSVIK

CCO and Co-founder of Lightbringer

FARRE-MENSA ET AL. Harvard Business School, 2017
ANDY WHITE, JAMES ULAN, PitchBook Report, February 6, 2023