Applying for a patent
Patents: protection, value, and strategy for your innovation
Patents form an essential part of Intellectual Property (IP). Within this field, we work with great pleasure on a daily basis to protect and strengthen innovations. Our patent agents delft share their knowledge, practical experience and strategic insights on all matters relating to patents and patent management.
What is a patent?
A patent is an exclusive right to an invention. With a patent, you can prevent others from making, using, or selling your invention. This can be a technical product or an innovative process.
A patent is valid for a maximum of 20 years from the date of filing. The application is published in a patent register, so that the knowledge eventually becomes available to the public. This balance between protection and public access stimulates technological progress: once patent protection has expired, anyone can freely use and further develop the technology.
To obtain a valid patent, an invention must be new, inventive, and industrially applicable. This means that the solution must not be obvious to a person skilled in the relevant technical field.
How to apply for a patent
Applying for a patent varies slightly from country to country, but broadly speaking, patent procedures follow a number of fixed steps. Below is an overview of the main phases in the patent application process.
1. Research into existing patents
Prior to this, you can have a novelty search carried out to assess whether your invention is novel and inventive. This provides insight into the chances of success of a patent application and helps to prevent potential conflicts with existing patents. This search is optional.
2. Drafting the patent application
A patent attorney drafts the application. This contains a full and accurate description of the invention, including claims that determine the scope of protection. All relevant technical information must be included directly; the content may not be expanded after filing.
3. Submitting the application
When the patent application is ready, it will be filed in the country of first choice. This establishes a filing date, which forms a demarcation line between what is and is not relevant to the novelty of your invention. The application is filed with the official office of the chosen country, for example Octrooicentrum Nederland.OCNL), the European Patent OfficeEPOand the United States Patent and Trademark OfficeUSPTOWithin twelve months, you can extend the patent application to other countries or regions.
4. Research and assessment
The official patent granting authority conducts a novelty search. This assesses whether the invention is new, inventive, and industrially applicable. This search normally takes place within a year of filing, so that the results can be taken into account when deciding whether to pursue the application internationally.
5. Granting of the patent
Upon completion of the procedure, the patent may be granted. In some countries, this only occurs when the invention is actually found to be novel and inventive. In other countries, a patent is granted as standard, with any discussions about validity only arising later through the courts.
A patent usually has a maximum term of 20 years from the filing date. To keep the patent valid during this period, maintenance fees must be paid, often on an annual basis.
We will guide you carefully through every step of the patent application process. Our experts are highly experienced in clearly defining your invention, drafting a technically and legally sound patent application, and will support you with advice and action right up to the granting of the patent. Thanks to our national and international experience, we know exactly how procedures work worldwide, ensuring your application meets all relevant requirements. Throughout the entire process, you can count on clear explanations, expert guidance, and an application that is watertight.
Why apply for a patent?
A patent offers more than legal protection. It can:
- increase the value of your business,
- attracting investors,
- generating licence revenue,
- strengthen my competitive position,
- play an important role within your IP strategy.
For innovative companies, a strong patent portfolio is often a crucial factor for growth.
Cost of a patent application
The cost of a patent varies depending on the country, the type of invention and its technical complexity. Generally speaking, the total cost of a patent comprises three components:
- Initial costs
This includes drafting and filing the patent application with the official body. Depending on the scope and complexity, these costs average between €6,000 and €10,000. - Costs during the grant procedure:
These are the costs that need to be incurred during the patent application process. In countries where patents are granted automatically, these costs are limited to a few hundred euros. In countries with an substantive examination procedure, the costs can run into several thousand euros. - Annual maintenance charges:
In order to maintain a patent (and, in some countries, a pending application as well), annual maintenance fees must be paid. These start at a low level and increase as the patent ages. The amount varies considerably from country to country.
We operate a transparent fee structure, so you know exactly where you stand. No surprises afterwards, just clear agreements in advance. By working efficiently and applying our expertise in a targeted manner, we offer high-quality patent advice at a fair and competitive rate.
Would you like to find out more about patents, IP management, patent strategy or other issues relating to intellectual property?
