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: The Patent You Dread Your Competitors Will File

the IP mistakes I will never make again

Ola Wassvik

Serial entrepreneur, CCO & Co-founder of Lightbringer

If you're a founder, you've probably heard the phrase "learn from failure." But when it comes to IP, some failures are too expensive to learn the hard way. I know, because I’ve made most of them. And sharing your mistakes is one of the most powerful ways of teaching others.

I’ve built deep tech companies, filed over 40 patents personally, and helped manage more than 300 patent families. I’ve also screwed up more IP strategy than I care to admit. And in a world where one bad decision can hand your entire moat to a competitor, those lessons stick.

So let’s get into the IP mistakes I’ll never make again!

Ola Wassvik, Co-founder and CCO at Lightbringer

Thinking One Great Patent Was Enough

When we filed our first patent at FlatFrog, we spent months polishing it. Clear claims. Clean drawings. Everything just the way I wanted it.

And then we got scooped. Someone else filed for the same invention just a few weeks earlier. They got the patent. We got nothing. That was an expensive lesson.

First to file wins. Not the first to invent. That’s how it works.

Speed beats perfection. File fast, file broad, focus comes later. You have 12 months to add and adjust. Don’t wait for that ‘perfect’ draft. It might cost you everything.

Focusing All Our IP in One Corner

Early on, we thought we knew what was important. We filed a couple of strong patents covering a specific technical aspect of our touch-sensing technology. It felt strategic. Laser-focused.

Then a key piece of technology leaked. To this day I’m still not entirely sure how, but I have my suspicions.

A competitor suddenly had our know-how. They started recreating our system from scratch. And because we had focused all our IP in one narrow corner, there was nothing we could do.

Trade secrets walked out the door. Our patents didn’t cover the full system. We had no defence.

You need broader coverage. File on systems, subsystems, and high-level concepts. Think like an attacker. Ask yourself: What is the absolute worst patent my competitors could file? Then file that patent.

We Showed Too Much Under NDA

At one point, we were pitching to a massive global brand. Under NDA, of course. We walked them through the tech, explained the approach, shared diagrams. Everything. We thought the NDA protected us.

A few months later, they started filing patents on our ideas.

And sure, we could have sued. But good luck going toe-to-toe in court with a multi-billion-euro company as a cash-strapped startup.

NDAs don’t protect you like patents do. File before you disclose. Every time. Even under NDA. Especially under NDA.

We Had No Proper Budget for Patents

We were proud of our early patent portfolio. Dozens of applications filed. It looked impressive. We thought it meant we were serious about IP.

What we didn’t realize was how expensive it would be to keep them alive.

Some patents went public but never got granted. Others we abandoned when budgets got tight. And in the process, we gave away some truly valuable ideas to the public domain.

You need a patent budget. Just like product, just like marketing. Don’t start what you can’t finish. One solid patent, filed with a plan and followed through properly, is better than ten scattered filings you abandon three years later when they start hitting the national phase.

We Waited Too Long to File

We had this idea: build first, patent later. Let’s get the product working, then protect it.

By the time we got to “later,” it was too late. Demos were out. Slides were shared. Features were visible. That meant parts of the invention were no longer patentable in certain countries.

Public disclosure kills novelty. File as soon as you’ve solved something real. Not when the product is finished. Not when the slide deck is done. As soon as the idea is solid enough to describe in a sentence, write the claim and file it.

We Didn’t Plan the Second Move

Eventually, we figured out how to file good patents. But we still didn’t think about what came next.

We didn’t plan how to follow up. Where to expand. What to do when competitors made a move. We didn’t file continuations or divisionals. We didn’t protect the evolution of the product.

A patent strategy isn’t just a checklist. It’s a game of chess. You’re filing for today, but you also need to set up tomorrow’s moves. That’s how you hold a market. That’s how you build leverage. I learnt this the hard way and will never make this mistake again.

What I’d Tell My Past Self

If I could go back in time and give myself a few bullet points, it would be this:

File fast. File Broad. Focus comes later in the process.
Cover multiple levels: concept, system, component.
File before you show. NDAs are not a shield.
Budget for at least five years of IP costs. Seriously.
Keep secrets if you can’t protect them.
Stay flexible. Your portfolio should evolve with your product and your market.

Bottom Line

Most founders don’t get a second chance with IP. By the time you realize your mistake, the damage is already done. Your ideas are public. Your competitors are ahead. Your legal options are limited.

But if you treat patents as a growth lever, not just legal protection, you can build something that scales, defensible and valuable.

Mistakes happen. But with IP, you don’t have to make the same ones I did.