💡 Patent for invention: how to protect your idea in 2024
Can an idea that has turned into an innovation become a source of income if you do not secure the rights to it? The answer is obvious. Without a patent, an innovative solution can be used by others, leaving the author without recognition and profit. But the process of obtaining a patent, despite its reputation as a complex and lengthy procedure, is actually available to anyone who is willing to follow the established steps. How do you get a patent for an invention and what is important to consider at each stage?
📌 What can be patented?
There are three main types of intellectual property that can be patented:
- An invention is a technical solution that is new.
- An industrial design is the appearance of a product that has artistic features.
- A utility model is a technical solution related to devices.
The invention must satisfy three key criteria:
- Novelty – the idea must not have been previously patented.
- Inventive level – innovation should not be obvious.
- Practical utility – the invention must be suitable for use.
If an invention does not meet at least one of these criteria, it will not be possible to register it. It is also important to remember that a patent is granted for a limited period: 20 years for inventions, 15 years for industrial designs and 10 years for utility models. An exception is made only for medicines, where a patent can be extended to 25 years.
🛠 Preliminary verification of the invention
Before applying for a patent, it is necessary to check the invention for uniqueness. This step can be done independently or by using the services of experts. Professional verification is more effective, since specialists can even identify objects that are in the process of registration, which will prevent possible problems.
What documents will be required:
- Description of the invention: indication of the title, field of application and the solution it offers.
- Claims: The key part of a patent that describes the invention.
- Drawings and diagrams: visualization of the invention.
- Brief abstract: up to 1000–1500 characters, repeating the main points of the description.
These documents will be useful not only for preliminary verification, but also for filing a patent application.
🏛 Where to apply for a patent?
To file an application, the author must contact the official patent authorities. In Europe, such an authority is the European Patent Office (EPO). The application can be submitted either in person or through online platforms. Mandatory documents include a patent application, a description of the invention, and proof of payment of the state fee.
The main steps of the process are:
- Application and review: The author submits an application to the patent office.
- Expertise: Checking the invention for novelty and compliance with criteria.
- Decision: Obtaining a patent or refusal.
The average patent processing time is 18-24 months, and it can vary depending on the complexity of the invention. This process can take a lot of time and effort, especially if there is a need for additional examinations and clarifications in the documentation.
Cost of patenting
Registration of an invention in European countries requires payment of a state fee, which may vary. Here is an example of current data:
Patent type | State fee (€) | Validity period |
---|---|---|
Invention | from 3,000 | 20 years |
Industrial design | from 1 800 | 15 years |
Utility model | from 1 200 | 10 years |
Additional costs may include fees for each claim after the tenth and for additional examinations. The author can also save up to 50% by filing the application themselves through online platforms such as the European Patent Office ePortal.
💼 Specialist services: is it worth contacting?
In the conditions of high requirements and a long patenting process, many inventors prefer to seek help from patent agents. Such specialists not only help to avoid mistakes, but also significantly speed up the process of obtaining a patent. When contacting them, the author receives:
- Professional analysis of the invention.
- Preparation and submission of all necessary documents.
- Support at all stages of patenting.
Cost of services
Patent agents can cost between $5,000 and $10,000 depending on the complexity of the invention and the number of procedures required. However, this approach reduces the risk of rejection and saves time.
📈 What are the benefits of a patent?
By patenting an invention, the author receives exclusive rights to use and sell it. This allows:
- Protect an idea from being copied and used by others without the author's consent.
- Monetize the innovation through licensing or selling the patent.
- Strengthen our position in the market as a unique technology provider.
However, it is important to remember that patent law only protects a registered invention in the countries where it was obtained. For global protection, patent applications must be filed in several jurisdictions.
📝 Registration process: what should you consider?
When registering a patent on your own, the author must be prepared for various stages of verification. This may include:
- Long-term examinations.
- Clarification of formulas.
- Additional drawings and description of mechanisms.
In some cases, the examination may take longer if the invention falls into the category of high-tech solutions. It is important to be prepared for such a scenario in advance and include possible additional costs in the budget.
⁉️🤔 Popular questions and answers
- What is the validity period of a patent?
A patent for an invention is valid for 20 years, for an industrial design – 15 years, and for a utility model – 10 years. For medicines, the term can be extended to 25 years.
- Is it possible to extend the validity of a patent?
For most intellectual property objects, extension of the validity period is not possible, with the exception of medicinal products.
- How much does it cost to file a patent application at the European Patent Office?
The cost varies, but the basic fee for inventions starts at €3,000.
- How to speed up the patenting process?
You can speed up the process by contacting a patent agent or by using the priority review service, if available.
- How can I check if my object has already been patented?
This can be done through open patent databases such as Espacenet or by contacting a patent agent for a professional check.
- Can I apply for a patent online?
Yes, through the online system of the European Patent Office.
- What documents are required to submit an application?
It is necessary to provide a description of the invention, formula, drawings, a brief abstract and a receipt for payment of the state fee.
- What should I do if I am denied a patent?
You can appeal the decision or make the necessary corrections to the documents and re-submit the application.
💎 Results and conclusions
Patenting is an effective way to protect your intellectual property and benefit from it financially. Despite the complexity and length of the process, a professional approach and preliminary preparation can significantly facilitate the task. A patent opens up opportunities for monetizing innovations, protects them from copying and strengthens the author's position in the market. When considering this process, it is worth remembering the intricacies of document preparation, the need for examinations and possible additional costs. Ultimately, proper patent registration will pay off, giving the author full rights to his innovation.