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 Read and Understand Patent Documents

Blogpost

15 Jul

Written By Andrew Stentiford

A Guide for Inventors

Andrew Stentiford

Patent Attorney at Lightbringer

A patent document (either a patent application or a granted patent) is often seen as a complicated document which is actually difficult to understand. But as an inventor it's often important to try to work out what a patent is describing. This might be because you want to understand what a competitor is doing, or because a patent attorney has asked you for your comments. Therefore this post aims to help an inventor understand how to interpret a patent document.

Andrew Stentiford, Patent Attorney & Founding Member of Lightbringer.

Anatomy of a Patent

Every patent document has a standard structure. The first page of a patent document has bibliographical data. This includes details like the applicant, the inventors, key dates and a brief summary of its contents.

The detailed contents has four main parts - an abstract, description, claims and drawings. The description, claims and drawings together form the basis of the legal protection that the patent provides.

Claims: Why They Matter Most

The claims are numbered paragraphs towards the end of the patent document. Normally they are headed with the title "Claims". Within the claims there are two different types of claims. Independent claims and dependent claims. As an inventor you should focus your energy on understanding the claims and particularly the independent claim. This is because the independent claim sets out the scope of the invention, in its broadest sense.

In other words, the claims define what is protected by the granted patent in a legal sense. The claims determine precisely what proprietary technology can and cannot be controlled. Essentially, the claims set out all the features that are needed for the invention contained in the patent document. The dependent claims, which often refer to previous claims in the claim set, are within the scope of the independent claim. If you think of an independent claim as a Venn diagram, all the dependent claims referring to the independent claim will be within the circle of the independent claim. You can think of dependent claims as fallback positions, if the independent claim is not allowable.

Description: Where to Find the Specific Technical Detail

The detailed description then sets out how the invention described in the claims is put into effect. In other words, how would you as an engineer replicate this invention as described in the patent document?

The patent description will make reference to different features with reference numbers. The reference numbers are useful because often they are also in the claims, but also in the drawings. This can help understanding the concept in the patent document.

Not everything will be described in the patent document. Normally a patent document will assume some prior knowledge of the reader. The detailed description and drawings are a good place to start when you need to work out if a patent document is relevant to your invention.

Drawings: a Visual Aid

Use the drawings as a guide to interpret the document. This will help comprehend what is going on. Not all patent documents will have drawings, but many do.

Key Takeaway

One thing to consider about a patent document is that a patent document serves two purposes. It is a technical document that is describing an engineering concept but it is also a legal document defining legal protection for the patent owner.

This means sometimes the language in a patent document can be unclear from a purely engineering perspective. This is because a patent attorney may have selected words which are not necessarily normal in an engineering field. A patent attorney may want to try and cover different variants of an invention without limiting to a particular variant (e.g. using “controller” rather than “ECU” or “VCU”).

If you think a term in the claims is not clear, look to the description to help explain the term. This might help understanding.

It is important that an inventor can recognise their invention from the text of a patent document. The patent document should be clear to the inventor because the inventor knows their invention best. Lightbringer uses AI technology to draft clear patent applications which are still fit for purpose. Besides, if the inventor cannot understand the patent text, this means it is likely that others reading the patent text will also be confused!