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 Understand Feedback from the Patent Office

Blogpost

15 Jul

Written By Andrew Stentiford

A Guide for Inventors

Andrew Stentiford

Patent Attorney at Lightbringer

When you need to protect your invention using the patent process, you may enter into a discussion with a patent examiner before a patent application can be granted. The patent application undergoes an assessment by a patent examiner to check whether it is patentable. It is the patent examiner's role to make sure that only concepts that are new and not obvious are afforded patent protection. The patent examiner has a duty to ensure that applicants do not obtain invalid patents.

During the patenting process, the patent examiner will provide their comments and opinions as to their assessment of whether the invention as described in the patent application is novel and inventive. The patent examiner usually does this by first issuing a written report. This report has different terms. This report is called different things in different countries, but is also known as an office action, an examination report or a notice.

Andrew Stentiford, Patent Attorney & Founding Member of Lightbringer.

What to look out for in an office action

The office action sets a deadline (usually between 3 to 6 months) for responding to the patent examiner or addressing the issues raised by the patent examiner. It is reasonably common that the initial assessment of a patent examiner is that the patent is not allowable.

This does not mean that the patent applicant will not get a patent. Instead, this is the start of a negotiation process between the applicant and the patent examiner which is normally done by a patent attorney. The term that patent attorneys use to describe this process is “prosecution”. (This is not to be confused with criminal law)

During prosecution of a patent application, the patent attorney may submit arguments as to why the patent examiner's assessment is incorrect and / or they may amend the claims to address the issues raised by the examiner. The object of patent prosecution is to move the patent application towards a conclusion - hopefully a granted patent!

Decoding the feedback

Part of the patent examiner assessment is conducting a search of earlier patent documents. The search report will provide a list of earlier patent documents with different levels of relevance which will form the basis of the assessment. The coding of these documents indicates what the patent examiner thinks. An X indicates that the patent examiner thinks that the earlier document is relevant for novelty. In other words, the claim is not new. A Y indicates that the patent examiner considers that the earlier document is relevant for the purposes of inventive step. Often the patent examiner considers that the invention set out in a claim is obvious when considering two earlier documents in combination. An A indicates that the patent examiner considers the earlier document is only relevant for background purposes.

Looking at the codes that the patent examiner gives to the earlier documents will give an understanding of how difficult it may be to secure a notice of allowance. For example, one or two X or Y codes may mean that a patent application may be granted with some argumentation and claim amendments. The patent examiner may also think that there are other issues with the claims or description. For example, the patent examiner may think that one or more terms in the claims are unclear. This may require changing the term or providing further description as to what a specific term means. A patent examiner may also require some formal amendments, which can be easily addressed by a patent attorney when responding to the patent examiner.

Is it all bad news?

No! Often, in the patent examiner's assessment, there may be an indication whether one or more claims are allowable. Perhaps the examiner considers a dependent claim is allowable. This would mean that if you were to include the subject matter of the allowable dependent claim into the independent claim, you would be granted the patent.

It may be desirable to accept an amendment using an allowable dependent claim because this can speed up the granting process. However, consideration should be given as to whether the patent examiner's assessment is correct. Perhaps there are other better options available than accepting the patent examiner’s initial assessment.

Is the patent examiner always right?

Often, the patent examiner's assessment is subjective and can be argued depending on the facts of the case and the understanding of the technology. This is particularly the case when discussing inventive step or obviousness with a patent examiner. For instance, an inventor may have a better understanding of how an earlier document should be interpreted and whether it is indeed relevant or not.

In order to move the patent prosecution forward, usually a written response is submitted to the Patent Office before the deadline. Normally, this will require comments relating to the earlier documents and sometimes amendments to the claims.

What should I focus on as an inventor?

An inventor can help this process by reading the prior art documents mentioned in the office action. In particular, focus on the patent documents the patent examiner discusses in reference to independent claim 1. The patent examiner may make reference to passages in the earlier patent documents - focus on these parts. Consider if features of your invention are actually shown in the earlier document. Perhaps the examiner has interpreted a term incorrectly or misunderstood something. Provide your comments to your patent attorney as to why an earlier document is not relevant. Good inventor comments can make a response to the patent examiner far more compelling and likely to persuade the patent examiner that a patent application isallowable.