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Patent FAQs

Most Popular Questions

1 - The Basics

  • The patent office decides if you get a patent granted (not the attorney).
  • Existing prior art (publicly available technical information) is the key factor. The patent office always does a search as a first step.
  • The attorney conducts a novelty search to assess chances for grant.

Yes - if it is related to a technical context. ("technicality")

Patentable (examples):

Nature: technical, physical

  • operating devices (e.g. ABS brakes)
  • controlling industrial processes
  • processing physical data (image, video, audio)
  • hardware performance
  • computer functionality, processing speed
  • energy consumption
  • video/audio compression
  • human machine interfaces
  • medical diagnosing (no treatment)
  • encryption, secure protocols

Not patentable (examples):

Nature: logical, administrative, abstract

  • basic data sorting
  • standard data retrieval and storage
  • generic data transformation
  • routine data analysis
  • game rules
  • administrative tasks, marketing
  • organizaional tools
  • financial transactions
  • simple displaying of data
  • formatting documents
  • cognitive tasks, mental acts

Patents are great marketing tools and send a signal to the market:

  • "We are technology leader"
  • "We work professionally, we care about IP"
  • "We reduce risk for investors"
  • "We are proud of our invention"

No!

  • Every country has it's own patent law and own patent office.
  • Every country requires a separate patent application.
  • Every country decides independently if a patent is granted.
  • Exception: The EP Unitary Patent covers 18 EU countries.

But:

There is a worldwide patent application (WO/PCT) for simplifiying the filing process. It can be seen as placeholder or bundle of options.

Example: You can submit five patent applications separately (high complexity and cost). Instead, you file one WO/PCT application and let the WIPO manage the nationalization (easies, cheaper, less complex)

Best practice is:

  1. Filing a first application in Europe or Germany
  2. Patent Office returns a Search Report (after ~5 months)
  3. Analysing the Search Report (assessing chances for grant, decide further countries)
  4. Filing subsequent applications within 12 months (e.g. US, China, PCT/WO)

No, the market is not relevant.

For a patent novelty and inventiveness are key.

A solution may be new to the market but may be technically trivial.

Example: A special-purpose sensor array may not be offered in the market. But, technically it is an obvious  combination of known sensors. Therefore it is not patentable.

It takes 2-4 years in average.

Depends on:

  • complexity
  • workload of examiners
  • objections and amendments

Until then the patent application is in "patent pending" status.

The application is publishd automatically 18 months after first filing date.

An earlier publication can be requested.

"PATENT PENDING" is a positive signal to the market. 

Works like a "Beware of the dog" plate at the garden fence.

The message:

  • The owner protects its valuable property (his IP).
  • The owner has a dog (a patent)

Legally, "patent pending" can be used in public after the application is published.

2 - The Invention Description

The invention description is basis for drafting patent application (attorney).

  1. Problem to be solved
  2. Solution with technical features.

 

It is a repository of possible technical details.

Here is an example (German).

Clients often want to protect the "overall solution" or "the combination of all components".

However: Patent claims should solely be directed on the new and inventive features.

But don't worry:
In the description part, the bigger solution context is described along with drawings.

We help you enriching your invention with additional useful features to reach patentability.

We use AI (Large Language Models) as tool for ideation.

Details: click here

3 - Cost

For an EP application you should budget ~15.000 EUR until filing.
An average total cost over 5 years is ~ 25,000 - 30,000 EUR. Cost vary depending on complexity, office actions and other factors. 

More details -> click here: (PDF)

Cost relate to different events such as:

  • official fees (filing, examination)
  • drafting fees (attorney)
  • renewal (annual) fees
  • fees for office actions
  • fees for foreign attorneys

We invoice these cost accordingly when they are due.

Step 1: Our client pays the invoice.
Step 2: Client submits the invoice and payment proof to the funding program office (e.g. Wipano) requesting reimbursement.

No, already a "patent pending" may - in many cases - provide enough benefits. Especially for a first patent application.

Example:

Early startups need quick IP for investors and as marketing tool. At the same time, budgets are limited.

An examination procedure takes 2-4 years and costs additional ~10.000 EUR (Europe).

In many cases, products or business models change over time, and the initial application is no longer fitting.

We instead suggest filing a new patent application which reflects latest improvements and business model while saving money on the first application.

 

In Germany and many other jurisdictions the "loser pays" principle applies for infringement .

Example: Cost for typical litigation court case in Germany with 500.000 EUR in dispute provide a total risk in the range of 100.000 - 150.000 EUR in case of loss. (1st instance, appeal, revision, RVG, GVG)