EXPERT INSIGHTS: FAQ about patents
A How to guide for startups
Filing a patent application may be one of the smartest decisions a startup can make, but for many founders patents are also a source of headache. The process of filing a patent application can seem technical, expensive, and hard to navigate. I share those concerns. As a patent attorney with a background in engineering and business, I help startups protect their ideas in a way that fits their technology and growth strategy. The customers I work with don’t consider patents as just legal documents, but also business assets.
This guide addresses the key questions startups typically ask me when approaching patents and other intellectual property rights, with a clear and practical perspective on how to do it correctly in today’s tech landscape.
Daniel Le, Patent Attorney at Lightbringer.
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:
Conducting a prior art search to uncover similar technologies (use Lightbringer to test patentability for free).
Determining if your idea is new and inventive based on the prior art search.
Choosing the appropriate filing approach (provisional, national, regional, or international).
Drafting and filing your patent application.
Responding to any objections from the patent office during the examination stage.
From my experience, key to an efficient drafting and filing is a clear understanding of the invention in question, which requires an early dialogue between inventors and the responsible patent professional. This, of course, also requires the inventors to disclose the invention sufficiently.
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 grant of the patent application.
Startups should treat patents as an investment. A high-quality patent can increase company valuation, protect key markets, and support funding discussions. In my work, I help customers think about costs not merely in isolation but also in relation to timing, market strategy, and long-term value.
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. Here are some examples:
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 is the standard patent that gives you 20 years of exclusive rights to prevent others from making, using, importing, or selling your invention.
A regional patent application (for instance, a European patent application) allows you to file once and designate multiple countries within a region for protection, rather than filing separately in each country.
A design patent or design protection protects how something looks, not how it functions.
An international patent application, in other words a PCT application, is an international filing that delays the decision of which countries to file in. It gives you 30-31 months to assess your invention's commercial potential before committing to costly national filings.
Important note: While it is possible to file an international patent application, it cannot result in a single "international patent" that provides global protection. Patents are territorial rights - you must still file and obtain separate patents in each country where you want protection, even should you file an international patent application.
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.
Given these lengthy timelines, I always emphasize to my customers that strategic timing is crucial. Filing early secures your priority date - your legal claim to being first - which can be decisive in competitive markets. Even while your patent application is pending, that early filing date provides immediate value by establishing your position and giving you credibility with investors and partners.
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. That means it cannot be something that is already known or obvious to someone in the field.
However, everything cannot be patented. For instance, 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 image compression method using AI may be patentable. However, an abstract AI concept without practical application typically would not qualify as being patentable.
I frequently receive questions regarding if software and AI inventions are patentable. If you are unsure, do not hesitate to contact me - I can help you evaluate your invention's patentability.
Fun fact: Someone once tried to patent a "perpetual motion machine" - a device that would run forever without any energy input. The European Patent Office rejected it because, well, it's physically impossible!
The basic rule is: if your invention breaks the laws of physics, you can't get a patent for it. It doesn't matter how clever your design looks on paper - if it can't actually work in the real world, it fails the "industrial application" test.
Think of it this way: you can't get a patent for a time machine, a perpetual motion machine, or a device that turns lead into gold, because these things simply can't exist according to our current understanding of science. The patent office isn't in the business of protecting impossible dreams - only real, workable inventions.
This keeps the patent system focused on innovations that can actually benefit society, rather than getting clogged up with science fiction ideas!
What is the difference between a patent, trademark, and copyright?
Patents protect technical inventions
Trademarks protect names, logos, and branding, and other identifiers that distinguish your business
Copyright protects original creative works like text, images, videos, music, and software code
Understanding these distinctions helps startups protect different parts of their business correctly. Most successful companies need a combination of all three - they're complementary protections, not competing alternatives
How do I protect my idea before filing a patent application?
The best way to protect an idea before filing a patent application is to keep it confidential. For instance, make use of non-disclosure agreements (NDAs) when speaking to partners or investors, and avoid publishing or pitching your invention publicly until a patent application is filed for your invention.
An early disclosure of your invention may potentially prevent you from obtaining a granted patent. If you have any doubts regarding how to protect your invention before filing a patent application, I would be glad to help you.
Can I patent an app, software, or business idea?
At least in accordance with European Patent Office (EPO) standards, apps and software can be patented if they solve specific technical problems and have technical character, but business ideas alone cannot. What is important is that your invention provides a concrete technical improvement in a non-obvious way. For example, AI software that optimize hardware performance, new data compression algorithms, or machine learning applications that enhances medical diagnosis accuracy would likely be patentable because they address technical challenges.
However, you cannot patent abstract business ideas like "a social media platform for professionals" or "an online marketplace for handmade goods," or generic business processes that just happen to be implemented in software. The critical test is whether your invention goes beyond just automating a business process and actually provides a technical solution to a technical problem.
Since software and AI patentability can be tricky to evaluate, I would be happy to help assess your invention.
How do I do a patent search?
A patent search, also known as a prior art search or a novelty search, helps you understand whether your invention is novel in relation to already known disclosures, for instance other patent documents. You can use public databases such as Espacenet or Google Patents to find patent documents. However, I recommend using the Lightbringer platform to find and import patent documents. The advantage with using the Lightbringer platform is that our attorney-designed AI can analyse the patent documents in a comprehensive manner. This will help you gain more knowledge about existing patent documents in your field.
In my work, I often go beyond simple keyword searches and look at claim language, legal status, and filing patterns. This gives you a more complete view of the landscape, not just a yes-or-no answer.
What happens after I file a patent application?
Once filed, your application is examined by the patent office. They may raise objections by, for instance, requesting clarifications of certain terms. Your patent attorney can, together with your input, respond with arguments or amendments in order to overcome the objections.
The patent examination process typically involves multiple rounds of review. Examiners commonly request clarifications, amendments, or additional information before approving an application. This back-and-forth is a normal part of the process, not a sign that your application is flawed.
How do I patent internationally? What is a PCT patent?
While it is possible to file an international patent application, in other words a PCT application, this cannot lead to a single "international patent" with global protection. By filing an international patent application, you still need to decide which specific countries or regions (such as Europe) to pursue. However, the advantage with an international patent application is that you are given up to 30-31 months to make that decision. Without an international patent application, you must immediately decide which countries or regions you are interested in and file directly in each one.
I recommend the PCT route for startups targeting global expansion or working in broadly applicable technologies. It's a strategic tool that buys you time to assess markets, secure funding, or test your product commercially before making expensive filing commitments.
Can I sell or license a patent?
Yes. Patents are intellectual property and can be sold, licensed, or used as collateral. Many startups generate revenue or form strategic partnerships based on IP, even before the patent is granted.
Patents can be significant business assets. I have seen founders secure investor interest or acquisition deals based primarily on their IP portfolio, demonstrating the commercial value that patent protection can provide to a business.
What are common reasons patents get rejected?
Patent applications get rejected for reasons that can usually be avoided with proper preparation prior to drafting and filing. The main culprits are:
Lack of novelty
Obviousness
Vague or overbroad claims
Prior public disclosure
In order to properly prepare before drafting and filing, I make sure to understand the technical details of the invention and the competitive landscape, which allows us to frame the invention properly and reduce rejection risk.
Can I keep my invention secret instead of patenting it?
In some cases, yes. Trade secrets can protect inventions that are not easily reverse-engineered, like manufacturing processes, formulas, or certain algorithms. Trade secrets can last indefinitely, unlike patents which expire after 20 years. However, trade secret protection is lost once the information is disclosed or discovered by others.
Choosing between trade secrets and patents is a strategic decision. Patents provide stronger legal protection and prevent others from commercially exploiting the same invention, but they require public disclosure. Trade secrets work best when your invention is difficult to reverse-engineer and you can maintain confidentiality throughout your organization and supply chain.
Final Thoughts
Patents are strategic assets that support innovation, funding, and long-term growth. For startups, protecting your IP is often the first serious step toward building something defensible.
If you're unsure whether to file, which route to take, or how to structure your IP strategy, don't hesitate to reach out. The earlier you start thinking about IP, the more control you'll have as your company scales.
This blog post is not legal advice. You should always consult a professional Patent Attorney when filing a patent application and protecting your innovations.
Daniel Le
Patent Attorney at Lightbringer
ABOUT THE AUTHOR | Daniel is a Patent Attorney with a background in engineering nanoscience and business economics. He specializes in semiconductor physics and nanoelectronics, with additional expertise across mechanical and software inventions and other technical fields, helping startups and tech companies secure robust patents that align with their business goals.
