Filing a Patent: Requirements, Process, and Costs
Below, we provide an overview of frequently asked questions, which is intended to serve as a practical guide—including as preparation for a personalized consultation.
Economic viability
Anyone who believes they have an invention should first consider what the commercial exploitation of that invention might look like for them personally.
There are ideas that individuals can monetize on their own, without the need for strong partners. These include, for example, new products that can be produced independently, sold through channels like Amazon or eBay, and that don’t require much explanation or have the potential to be marketed through viral channels.
Commercializing other inventions requires access to large companies, and there are even inventions that can only be commercialized if the legal framework evolves in a favorable direction.
We recommend that every inventor consider the commercial viability of their invention at an early stage.
- What kind of partners are needed to successfully bring an invention to market?
- What investments are required?
- How does the market need to evolve for the invention or its implementation to meet a need?
Patentability
Once initial ideas for commercializing the invention have been developed, it is important to determine whether the invention is fundamentally patentable. An initial assessment is often made based on a preliminary search.
- Does the idea meet the requirements (novelty, inventive step, industrial applicability)?
- What is legally considered an invention and what is not (e.g., software, business models)?
- Are there already similar patents?
Information on patents and utility models published worldwide is publicly available in the online databases of the relevant offices (DPMA, EPO, WIPO). Further information: Patent searches in patent databases.
As a general rule, we recommend thoroughly analyzing inventions and their potential commercial applications when identifying patentable aspects—from production and use all the way through to disposal. Often, it is only through this process that aspects eligible for patent protection become apparent.
State of the art
Closely linked to the issue of patentability is the determination of the prior art. A thorough search serves both to assess the prospects of success and to identify potential risks.
- Are there already similar solutions available?
- Is there a risk of infringing on the intellectual property rights of third parties?
- Can my idea be sufficiently distinguished from patents that have already been published?
For more information on: Assessing the patentability of an invention.
Strategy
Patent protection offers the most comprehensive protection for technical and scientific inventions and innovative technologies.
Utility model protection makes it possible to protect innovations more quickly and cost-effectively.
For a patentable invention that has not yet been filed for a patent, a confidentiality agreement should be drawn up with all parties involved before any confidential information that is not intended for public disclosure is exchanged: Non-Disclosure Agreements.
If a confidentiality agreement is breached, patent protection can no longer be obtained. For this reason, we strongly recommend securing a priority date by filing a patent application or a utility model application before entering into discussions with partners.
Protection in Europe or worldwide?
Which markets are economically significant? Should the patent be filed in one or more EU countries, or internationally?
By filing European patent applications and international patent applications, these decisions can be deferred for up to two and a half years.
Read our articles on this topic: Patent protection in Europe and International Patent Application (PCT).
How much does it cost to file a patent application?
In addition to attorneys' fees, the registration and enforcement of intellectual property rights also incur official fees, particularly for filing, examination, and maintenance.
A European patent application involves additional costs, such as those for translations, annual fees, and validation in the respective contracting states.
More about: Costs of a European patent.
Initial legal consultation
During an initial legal consultation, we will work together to analyze the issues that arise in connection with the potential patenting of your invention. This will focus in particular on the fundamental patentability of your invention, potential risks, and initial strategic considerations regarding how to proceed.
If desired, we can also provide an initial preliminary assessment of your invention with regard to its classification under patent or utility model law. This may include a preliminary evaluation of the prospects for success as well as recommendations on appropriate next steps, such as conducting a prior art search or developing a suitable intellectual property strategy.
Regarding Justus Kreuels:
Justus Kreuels, a patent attorney and European Patent Attorney, studied mechanical engineering at the Technical University of Munich and RWTH Aachen University. He is increasingly focused on enforcing intellectual property rights in the fields of computer science, the Internet of Things (IoT), robotics, and related areas in Germany.