Patent registration: Everything You Need to Know! - Blog iPNOTE
This website uses cookies. Learn more.
ACCEPT

How to start?

1
Within minutes, create a request with an AI assistant and receive offers from dozens of local IP attorneys
2
Review offers, compare them, and select the most suitable option. Complete your transaction securely
3
Stay informed on the progress and communicate with your attorney through the platform until the process is complete
Start protecting NOW

Patent Registration: Everything You Need to Know!

Contents:

 

1. Crucial points about the patent registration process

2. The most important thing in the patent registration process – Drafting

3. The easiest step of the patent registration process – Filing

4. The longest step of the patent registration process – Examination

5. Last steps of the patent registration process – Granting

6. Final thoughts

 

 

Below are some crucial points you need to know about patent registration before you start.

 

  • A patent or utility patent grants a monopoly right to produce and sell products created using the technological solution protected by the patent.
  • The duration of a patent ranges from 10 to 20 years and can vary depending on the country of registration, type of the product or patent.
  • Patents protect technical solutions regarding devices, processes and substances, or their new applications.
  • In order to obtain a patent, the solution must be of worldwide novelty, that is, no information about the solution should have been published anywhere in the world before.
  • The patent registration process includes the following main stages: creating the application, filing the application with the patent office, passing the examination of the application, registering the patent and securing its annual maintenance.
  • Conventionally, all patents (patent applications) can be divided into basic (home) and subsequent (foreign) ones. Basic application is created from scratch, while foreign applications completely rely upon the basic application and go through all stages except the creation itself.
  • There is no concept of an international patent that is valid worldwide; one has to obtain a separate patent for virtually every country and go through all the stages of registration.
  • The owner of a patent can be either a legal entity or an individual, or a combination of both.
  • In most countries, foreign applicants can apply for patents only through patent attorneys certified in that country.
  • Patent registration is a complicated procedure that can take years, and the budget for obtaining and owning a single patent can amount to tens of thousands of dollars

 

 

The most important thing in patent registration is the creation of a basic application (draft), since all subsequent procedures depend entirely on the quality of this stage.

 

  • First, it’s necessary to conduct a global patentability search and determine the closest technical solutions, find out how the patented technical solution is different from them and define the scope of claims to be applied for examination. For example, if you have invented a wheel with a tire, the closest analog would be a wooden wheel.
  • A patent claim should be drafted so that it does not contain any superfluous words. In particular, for a wheel with a tire, the claim should only indicate the presence of a tire on a wheel, while specifying such details as the rim material, shape, or the number of spokes will reduce the quality of the patent. 
  • The patent specifications and drawings serve as a detailed explanation of the claim and should be drafted in such a way that the invention described in the claim can be put into practice.
  • To implement this stage, it is recommended to choose a vendor very carefully. Ideally, they should have experience in the relevant technical field and take a proactive position (go deep into the core of the product and advise on what and how to patent) rather than just blindly follow the instructions.
  • Implementation costs can be significant: for example, the services of patent attorneys in the U.S. or Europe can cost $15,000-25,000. The cost can be reduced to $7,000-15,000 by ordering the search and drafting of the application in countries with a lower standard of living, such as India, and then sending the completed application to US or European attorneys for review. 

 

 

Once the basic application is ready, it can be filed for patent registration with the patent office of your own or other countries:

 

  • The filing of an application is a formal procedure, which includes drawing up an application (usually through electronic systems of interaction with the Patent Office), preparing a warranty of attorney and paying the state fees. At this stage, it is possible to choose the cheapest possible offerings on the market, the main thing being that the attorney should be certified.
  • Globally, the application process in all countries is very similar, with slightly different sets of documents. Most countries require a translation of the application into the national language.
  • However, each country has some specificity regarding the criteria for patentability or registration of applications. These features need to be taken into account when filing an application, or these can be adjusted in the process of examination. In various cases, one or the other option will be cheaper, so it’s worth consulting with a local patent attorney about this issue.
  • Foreign applications must be based on the basic application and may be filed with offices in other countries within 12 months of the filing date of the basic application, otherwise the invention cannot be patented in other countries.
  • To increase the time for filing applications to other countries from 12 to 30 (in some countries up to 31-32) months, you need to file an international PCT application, and based on it file applications to the desired countries. The PCT application must be filed within the first 12 months from the filing date of the basic application. The PCT application is not a patent, that is, it does not give the opportunity to protect rights but makes the procedure of foreign patent registration more convenient.
  • The cost of filing consists of the cost of the attorney and the fees. Fees can be reduced if the application is filed from an individual or micro/small business. The cost of services varies greatly from contractor to contractor and can range from a few hundred dollars to several thousand dollars. 
  • The proven way to overpay is to work with agents. For example, to apply to Europe, China and Japan through a U.S. patent attorney. At first glance, it seems easier and more convenient, but this approach may cost several times as much, and then you will have to overpay for each action.
  • Finding trusted and reliable performers in other countries is not easy, but it is possible and worth the effort. By working with a direct contractor in each country you save significantly and have better control over the process, while getting timely information which is not distorted by chains of intermediaries. 

 

The iPNOTE platform features more than 700 IP law firms that cover more than 150 countries, so you can always find the right direct service provider using our flexible filtering system. Take a look at our directory of providers.

 

 

When the applications have been filed, the examination begins, in which the patent office of each country issues its own opinion on the novelty and patentability of the invention.

 

  • Each patent office searches and reviews applications independently, so a positive decision in one country does not guarantee the same decision in another country. 
  • Approximately every 6-12 months, each patent office will provide an Office Action, a document explaining the examiner’s position and requesting additional materials, arguments, or adjustments to the application. 
  • Each Office Action requires a response within a certain timeframe, and its preparation also requires the involvement of a patent attorney, which entails additional costs. However, since the future of the patent depends on this stage, it’s crucial to choose a reliable attorney.
  • Although each patent office acts independently, they all rely on the same worldwide patent framework, so the questions can overlap in one way or another in different countries. You can use previous inquiries and answers to them to make the work of attorneys in other countries easier and to reduce the cost of services.
  • In a normal scenario, the examination procedure is finalized after 1-3 rounds of Office Actions; but in complex cases, this can take longer. However, if there is a 3rd request for examination, it makes sense to analyze the entire examination history more deeply and possibly think about changing the patent attorney or at least discuss the situation with the current one.
  • It is advisable to ask the patent attorney to make a brief summary of the examination request and the answer provided, and to make sure that the questions are not repeated or previous answers do not raise new questions—all these are indicators of a low quality of service.
  • The examination process can be greatly facilitated by working with a patent attorney who has extensive experience in the relevant technical field, because they will be on the same page with the patent registration expert, in which case the examination might end positively after the very first Office Action.

 

 

When the examination has been successfully completed, it is necessary to obtain a patent, do some additional operations, and then maintain it with a certain periodicity.

 

  • The procedure for granting a patent (Granting) is also a formal one and involves the preparation of an application and payment of fees. Again, you can save money by choosing a patent attorney with some basic experience. 
  • After the patent is issued in Europe, it still needs to be validated in each country of the European Union, which entails translating the application (or just the claims) into the national languages, applying and paying the fees. It is possible to save money if you order translation from professional translators and get the validation from specialized services.
  • In most countries, a patent should be maintained annually, while in some every few years. The procedure includes the payment of a fee and sometimes the filing of a corresponding application. In some countries, you can pay the fees yourself, but in most countries they must be paid in local currency and through patent attorneys. Small local firms or specialized services may also be chosen to save money. 

 

 

Final thoughts

 

As you can see, patent registration is a complex and long process, and each stage of patenting has its own specificity. Some stages are just formalities, while others can define the future of the whole patent. If you work with the same attorney at all stages, you either overpay or get a low quality of work. 

 

With iPNOTE, you will be able to work in one window with more than 700 verified IP law firms all over the world. Take a look at our directory of providers. Your personal manager will help you to set the right task and choose the most suitable offer. Sign up for free and we’ll help you solve any IP problem.

Other posts

Bulgarian Trademark Tactics: Empowering Businesses through Registration
AI vs. Attorneys: Unveiling the Best Approach to Patent and Trademark Searches
Trademark Registration in Estonia: Protecting Your Brand’s Identity
Empowering Your Business: The Benefits of Trademark Registration in Jordan
Unlocking Growth: Why Startups Should Choose Brazil’s IP Landscape
Designing Success: A Deep Dive into Kuwait’s Design Registration Process
Intellectual Property Protection for Startups: Innovate, Secure, Conquer
Ensuring Brand Integrity: The Importance of Trademark Registration in Italy
Trademark Registration in Bangladesh: Key Insights for Success
Trademark Registration in New Zealand: Essential Insights for Business Owners
Unlocking Trademark Meaning: A Comprehensive Guide for Business Owners
Protecting Your Vision: Design Registration Essentials in Saudi Arabia
Navigating Patent and Trademark Searches: Manual vs. Attorney-Led Approaches
Trademark Registration in Papua New Guinea: Online Process and Foreigner’s Perspective
Navigating the Intellectual Property Seas: A Guide to Effective Portfolio Management
Trademark Meaning in Denmark: A Definitive Guide to Brand Identity
The Design Registration in Spain: Ink, Pixels, and Protection
A Guide to Design Protection in Jordan: Innovate, Register, Thrive
The Roadmap to Successful Design Registration in Egypt
Unlocking Business Success: The Invaluable Role of a Comprehensive Trademark Search
From Application to Registration: Mastering Trademarks in Oman
Navigating Design Registration in Bahrain: A Comprehensive Guide for Applicants
Trademark Security in OAPI: A Comprehensive Registration Manual
Mastering Design Registrations in India: From Concept to Protection
Beyond the Northern Lights: Unveiling the Trademark Registration Process in Norway
Trademark Registration in Morocco: From Search to Success
EPO Search Fee Refunds: A Strategic Perspective on Luxemburg Patents
Decoding Design Registration: A Deep Dive into Australia’s Intellectual Property Landscape
The Crucial Role of Online Patent Searches in Patent Application Success
An Overview of Trademark Registration Requirements in Argentina
Design Patents vs. Utility Patents: Understanding the Differences in the USA
Design registration in Serbia: Everything You Need To Know
Vietnam’s Patent Registration System: Key Considerations for International Applicants
Unlocking the Future: an AI-Powered Tool for Patent Search Excellence
iPNOTE’s Black Friday: Empowering Your Business with AI Solutions
The Ins and Outs of ARIPO Trademark Registration: A Complete Guide for Applicants
From Idea to Granting: The Process of Patent Registration in Saudi Arabia
Get Ahead of the Competition with Our AI Trademark Search Tool
Step-by-Step Guide to Trademark Registration in Serbia: From Search to Registration
Protecting Your Design in Iran: A Guide for Applicants
Securing Your Innovations: The Process of Patent Registration in Malaysia
7 Most Popular Questions about Accelerated Patent Examination in the USA
Why Registering a Trademark in Spain is Important
Design Protection Made Easy: How to Register in Vietnam
Navigating Trademark Registration in Egypt: A Complete Guide
Maximizing Protection: Trademark Registration in The Republic Of Armenia
Design Registration in the UAE: A Comprehensive Guide
Designs in Germany: A Helpful Tool for Artists and More
Strategic Trademark Registration: Insights from a Madrid System & Direct Filing Comparison
Trademark Registration in Mexico: What You Need to Know
iPNOTE: The Game-Changing Platform for Protecting Your Intellectual Property
The Pitfalls of A Re-Brand: Why It Can Be Dangerous to Change Names
Protecting Your Inventions: Why Germany’s Utility Model System is Worth Considering
Finding a Foreign IP Provider through iPNOTE: A Step-by-Step Guide
Understanding Trademark Search in Indonesia: Tips and Tricks
Finding the Right Attorney Made Easy with Technology Areas
Case Study: From $1,320 to $18,285: The Mystery Behind Patent Service Prices Unraveled
How to Get Offers Quickly and Optimize Your Daily Work
Patent Landscape in India: An Analysis of Trends and Opportunities
Utility Model Registration in Brazil: Everything You Need to Know
Trademark registration in Peru: An Essential Guide
Trademark registration in Germany: A Comprehensive Guide
Patent Cooperation Treaty (PCT): How to File a Single Application to Get Patent Protection in Multiple Countries
5 Lifehacks You Should Know Before Filing a Trademark in Turkey
Securing Your Brand on Amazon: Amazon Brand Registry with iPNOTE
Set up Stripe Account: How Get Payments via iPNOTE
General workflow at iPNOTE: How to Work on a Global Marketplace
Patent Registration in Australia: What You Need to Know
Trademark Registration in the Republic of Korea: Tips and Recommendations
Industrial Design Registration in Turkey: What You Need to Know
Trademark registration in Brazil: Everything You Need To Know
Auto Pricing: How to Set it Up and Attract Clients
Trademark Registration in Japan: Essential Information
The Ultimate Guide to Trademark Registration in Canada
An Offer Confirmation: What to Do When You’re Ready to Start
Case Study: How We Filed Our Client’s Designs in 5 Hours in China!
AI and Machine Learning Patents in Brazil: An Overview
Trademark Registration in the UK: An Essential Guide
Patent Registration in Japan: Essential Information
Your Public Profile: How to Be Promoted in Attorney’s Marketplace
Trademark Registration in Australia: Everything You Need to Know
Patent Registration in the Republic of Korea: A Quick Guide
Trademark Registration in Thailand: Essential Guide
How to Initiate and Complete Working on the Project
A New Client’s Request: What to Do When You Get an Order
Design Patent Registration: A Comprehensive Guide
Industrial Design Registration in Brazil: Everything You Need To Know
Industrial Design Registration in Indonesia: Essential Guide
Patent Registration in Canada: A Quick Guide
Registering a Design Patent in China: All You Need to Know
Trademark Registration in Hong Kong: How It Works
Design Patent Registration in the US: What You Need to Know
Utility Model registration in China: A Quick Guide
Obtaining Legal Trademark Protection in Poland
Trademark Registration in Indonesia: A Quick Guide
The Process of Utility Patent Registration in the USA
Trademark Renewal and Validity in the US
Bases for Applying for a Trademark in the USA
Registration of a Utility Patent in the US: What You Need to Know
Trademark Registration in the US: A Comprehensive Guide
Trademark Registration in Malaysia: Essential Information
Trademark Registration in Turkey: What You Need to Know
Trademark Registration in Iran: A Quick Guide
Case Study: How iPNOTE Saved $184K for a CleanTech Company
Trademark Registration in Saudi Arabia
Patent Agent vs Patent Attorney: Understanding the Differences
Trademark Registration in The UAE: A Quick Guide
Trademark Registration in India: How it Works
Trademark Registration in China: What You Need to Know
Trademark Registration: Everything You Need to Know!
Patent Registration in Japan
Cyprus IP Box Regime
We Are Hiring: Marketing Director!
5 Steps to Register an EU Trademark
12 Easy Ways to Save Money on IP
How to Register a Trademark in the US
How to Register a Patent in China
How to Select an IP Attorney
How to Register a Patent in Singapore
Why IP Management Automation is Key for Successful Global Expansion
Registering Patents in the US from Abroad
How to Register a Patent in the EU
We Are Hiring: Sales Manager Wanted!
What to Know Before You Start Protecting Your IP Globally
How to Cut Costs on International IP Registration
We Are Hiring: Project Manager Wanted!
How to Cut Down 13.553 € on IP Registration?
How Technology Is Changing The Global Intellectual Property Industry
Recap: How limited IP Waiver Could Solve Our Pandemic Vaccine Problems
Why do You Need an IP Management Platform?