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 to Describe your Invention Well

Blogpost

8 Jul

Written By Andrew Stentiford

The patenting process

Andrew Stentiford

Patent Attorney at Lightbringer

When you protect an invention in a patenting process, it is normal to describe your invention in a way that a patent attorney can understand it. It is then the patent attorney's role to turn the words and inventor's description of the invention into a patent application. It is very common at the start of the patenting process to ask inventors to describe their invention. Often a patent attorney will ask the inventor to fill out a form - sometimes this is called an invention disclosure form, an invention disclosure statement, or an invention submission form etc.

Andrew Stentiford, Patent Attorney & Founding Member of Lightbringer.

What makes a good invention disclosure form?

It is important for the patent attorney to understand your invention. Part of this may require explaining the background to your problem and the context of where your problem lies within a certain technical field. A patent attorney may not have the depth of knowledge in a technical field that an inventor does. Therefore, it may be useful for an inventor to explain some of the basics relating to a technical field and then the patent attorney can determine how the invention relates to the technical field.

It is important in an invention disclosure form to identify the problem that you are solving. Your invention will require one or more features that solve this problem. A good invention disclosure form will clearly set out how this is achieved. Here you should think about the “must have” features for your invention. You should also think about the technical advantages associated with the features of your invention.

Think about improvements to your invention

Describing features that improve your invention in the invention disclosure form will improve your patent application describing the invention. Additional improvements to your invention, especially when they are associated with a specific advantage, can increase the chances of securing a granted patent. Improvements to your invention described in the invention disclosure form will often become useful dependent claims. Here it might be helpful to think about “nice to have” features.

Don't assume that features obvious to you are not worth including in an invention disclosure form. Something obvious to a creative human might only be obvious because they are an exceptional engineer. A patent attorney can judge whether to include features mentioned in the invention disclosure form into a patent application.

Provide multiple examples

It may be tempting to just describe one implementation of your invention – the one you initially thought of. However, products during development often change - a first prototype might look nothing like the resulting commercial product. However, the prototype and the commercial product may work using the same fundamental principles.

Therefore, a good way to help the patent attorney generalise your concept is to think about different ways of implementing your invention. This will help the patent attorney cover your invention more broadly and more likely cover potential simple design arounds.

Think about variations or different approaches as to how your invention can be put into effect. You might even consider what is the simplest example of your invention (even if the simplest example is less desirable).

Detailed drawings; a picture paints a thousand words

Most inventions benefit from drawings explaining the concept - it can also help the inventor describe the concept more easily. A good guide is to provide a system overview or a device overview and then provide sequential pictures focusing in on the parts relating to the invention. This can help the patent attorney understand the context of your invention.

Also think about flow diagrams, cross-sectional drawings. One way to speed up the patenting process is to provide unannotated black and white line drawings which can help the patent attorney prepare your patent application more speedily.

Be specific!

Specific detail of your invention will help your patent attorney draft a more comprehensive and robust patent application. Including the precise way of how your invention is carried out will provide more options later in the patenting process. If you use specific terms in your industry it may also be helpful to explain these to the patent attorney. The more relevant information you can provide in the invention disclosure form, the better the patent attorney can assess your invention. Think about how your invention works. Rather than explain a desired effect, (e.g. it's faster, cheaper, better) think about the features that help achieve this effect and describe those features.

Summary

Here at Lightbringer, we use AI to guide the inventor through this process to provide an efficient and comprehensive invention disclosure form ready for the patent attorney to review and begin the drafting process. This cuts down the time of drafting a patent application.