Patent application: What you should know beforehand

A patent application can be the starting point for a successful company or start-up: After months and years of developing, tinkering and trying things out, your invention is finally ready to see the light of day. To make this step a success, there are a few important points to consider before, during and after the patent application. In this article, we will show you what is important!

Whether it's a trademark application, design patent or patent - WSL Patent has been successfully helping established companies and start-ups protect their intellectual property for 70+ years. As patent attorneys and attorneys-at-law, we have extensive industry knowledge and can advise you on all matters. Feel free to contact us for a non-binding initial consultation - whether in person at our office or digitally.

What does patent protection mean?

Patent protection is a legal instrument for the protection of inventions that grants the applicant, who made the invention himself or who obtained the right to file the application from the inventor (e.g. because he is the inventor's employer and the inventor made a work-related invention), an exclusive prohibition right for a certain period of time (usually 20 years). During this period, the patent holder can prohibit third parties from commercially exploiting the patented invention. No one may use the invention for commercial purposes without the consent of the patent holder. Patent protection thus offers the opportunity to secure competitive advantages and protect innovations.

Patents promote innovation by offering inventors an incentive to protect and commercialize their ideas. In return, the invention is published as part of the patent application. As soon as the patent protection expires, e.g. because the annual fees for the patent are not paid, the invention may be used freely. Patents are only valid in the countries in which they were granted and must therefore be registered there first.

Patent application checklist

Before you protect an invention, you need to follow a few steps so that you can successfully apply for a patent. Our checklist serves as a rough guide and does not replace advice from a patent attorney. Please contact us directly for binding information!

Our checklist will show you the steps involved in filing a patent application:

  1. Consult a patent attorney: A patent attorney can help you to describe your invention correctly and provide promising legal protection for it.
  2. Check patentability: To be patentable, your invention must be technical, new, industrially applicable and involve an inventive step. Only then is a potential patent eligible for protection.
  3. Carry out a patent search: Before you apply for a patent, you should check whether your invention has already been patented. Use patent databases such as those of the German Patent and Trade Mark Office (DPMA) or the European Patent Office (EPO) or consult a patent attorney.
  4. File a patent application: The next step is to submit your patent application to the relevant office, e.g. the DPMA. The application must contain a detailed description of the invention.
  5. Wait for the examination procedure: After the application has been filed, the patent office will check whether your invention is patentable. This process can take several months or even years. It may therefore be advisable to use accelerated procedures for the patent examination.
  6. Pay fees: There are application fees, examination fees and, if applicable, renewal fees. Failure to pay on time may result in the loss of the IP right or the payment of surcharges.
  7. Publish the patent: As a rule, the patent application is published by the patent office after 18 months. Third parties may now be able to take legal action against your patent if they believe that the invention is not eligible for protection. A good patent search can prevent such legal disputes.
  8. Patent granted: If the examination is successful and no other property rights are infringed, the patent is granted and you enjoy protection for your invention.
Good to know: After publication, you already enjoy a claim for compensation against third parties who make unauthorized use of the subject matter of the application, so it can be dangerous for imitators to use similar or identical products (Section 33 PatG). However, you generally only have the opportunity to take legal action against imitators after the patent has been granted and the claim for compensation can only be enforced if and to the extent that the invention has been found to be patentable in the patent examination.

European and international patent application

When filing a European or international patent application, there are some important special features to consider:

  • European patent application: The application is usually filed via the European Patent Office (EPO) and is valid for all contracting states of the European Patent Convention (EPC). The application can be used to obtain protection in various European countries at the same time. The patent examination is carried out uniformly by the European Patent Office. After grant, additional requirements for validation in the member states, such as translations, may be necessary. With the unitary patent, it is possible to obtain protection in 18 EU countries with a single request instead of separate validation in individual states. More information on this in our detailed article .
  • International patent application (PCT): You can use the Patent Cooperation Treaty (PCT) to file a single patent application with effect in 158 countries (as of October 2024). The application procedure is handled centrally by the World Intellectual Property Organization (WIPO). The application facilitates filing in many countries, but the national examination procedures take place separately in each country after the end of a so-called "international phase".

European and international patents are often more expensive and require translations into several languages in the course of the examination and granting procedures, which can increase costs and effort. It is advisable to consult a patent attorney in order to successfully manage the complex formalities.

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