Frequently Asked Questions (FAQs)

A patent is an exclusive legal right granted to an inventor for a new invention, which can be a product, a process, or a technical solution that offers a new and useful way of doing something. The patent gives the inventor the right to exclude others from making, using, selling, or importing the invention without their consent for a limited period of time.

Patents are territorial, meaning they are only valid in the countries where they are granted. In some cases, the term can be extended due to delays in regulatory approval or patent office procedures.

If your invention has commercial potential, a patent is essential to protect it from being copied or exploited by others without your consent.

A patent provides several key advantages:

• Exclusive Rights: It allows you to stop others from making, using, or selling your invention without authorization.

• Market Advantage: With exclusive rights, you can launch your product without direct competition and potentially charge premium prices.

• Legal Protection: You can take legal action against unauthorized use or infringement.

• Monetization Opportunities: Patents can be licensed or sold, generating income without manufacturing the product yourself.

• International Priority: In some jurisdictions, having a patent gives you priority over others attempting to register similar inventions.

There are several types of intellectual property protections available for inventions, depending on their nature and the country where protection is sought:

• Invention Patents: These protect new and useful inventions such as machines, devices, processes, or compositions of matter. Invention patents are the most common and typically offer protection for up to 20 years from the filing date.

• Design Patents: These protect the ornamental or aesthetic appearance of a product, rather than its function. For example, the unique shape of a bottle or interface layout. Protection terms vary by country (typically 10–15 years).

• Utility Models: Sometimes referred to as “short-term patents”, these protect technical inventions like invention patents but with less stringent requirements (e.g., lower inventiveness threshold). They are often quicker and cheaper to obtain, with a shorter protection period (usually 5–10 years). Not all countries offer utility models.

While some jurisdictions allow individuals to file on their own, having a qualified patent attorney is strongly recommended, especially for international filings.

Patent attorneys help:

• Draft strong claims and descriptions.

• Avoid formal and legal pitfalls.

• Handle office actions and objections professionally.

• Build a long-term protection strategy.

For more information, please review our How to Choose a Patent Attorney Abroad Guide.

It depends on the country.

• In some countries like the United States, you have a one-year grace period from the date of public disclosure (e.g., presentations, online posts, or sales) to file a patent.

• In most other countries, including those in Europe and Asia, absolute novelty is required, meaning the invention must not have been disclosed anywhere before filing.

To avoid losing rights, always file a patent application before any public disclosure.

There is no such thing as a “worldwide patent.” Patents must be obtained separately in each country or region where protection is needed.

However, through the Patent Cooperation Treaty (PCT) system, you can file a single international application that preserves your filing date in over 150 member countries. This gives you up to 30 or 31 months to decide in which countries you want to pursue national patent protection.

Please review our PCT Guide for more information.

Because patents are territorial rights, you should apply in each country where:

• You currently do business or operate.

• You plan to manufacture, sell, or distribute your invention.

• Potential competitors may operate.

The cost of filing a patent depends on several factors, including the country, type of invention, and services required. Key components include:

• Official government fees (vary by country).

• Professional service fees for drafting, filing, and follow-up.

• Translation costs, if filing in non-English-speaking jurisdictions.

• Optional services like patent searches or expedited examination.

The timeline varies by country, technology area, and the type of patent.

On average:

• Invention patents take 2 to 4 years to be granted.

• Design patents may take less time (1 to 2 years).

• Fast-track programs are available in some countries.

The process includes examination, possible objections, and back-and-forth communication.

At Patentarea, your application is managed by a team of recognized and experienced patent attorneys in each country where we offer services. This ensures that your case is handled with the highest standards of quality and local expertise.

Patent applications (excluding provisional ones) are examined by national or regional Patent Offices, where they are assigned to technical examiners based on the field of invention.

The examiner evaluates the application in two main steps:

• Formal Review: Ensures the application meets legal requirements.

• Substantive Search: Analyzes prior patents, publications, and technical literature to assess whether the invention is novel, useful, and non-obvious.

It’s common for patent examiners to raise rejections or objections to one or more claims, especially in the first Office Action. Very few applications are accepted as filed.

To reduce this risk, Patentarea recommends ordering a Patent Search Study (Step 1) before filing your application (Step 2). This report helps assess potential risks and strengthen your filing. If objections do arise, our experienced attorneys will guide you on how to respond strategically.

If your claims are rejected, the examiner will issue a written notice known as an Office Action, explaining the reasons for rejection or any formal objections. There may be many Office Actions before the final rejection.

After a Final Rejection, your options may include filing an appeal or submitting a limited amendment, depending on the case.

Patents are examined in the order they are filed, and the process often takes two to three years or more.

If your application is approved, you will receive a Notice of Allowance. The issuance fee must be paid within three months. Failure to pay on time will result in the application being abandoned.

Once granted, patents require periodic maintenance fees (also called annuities or renewal fees) to remain in force. These fees vary by country and are typically due every year or every few years, starting from grant or filing date.

Failure to pay maintenance fees will result in the patent becoming lapsed or expired.

If someone uses, manufactures, sells, or imports your patented invention without your permission, they may be infringing your rights.

As a patent holder, you can:

• Send a cease-and-desist letter.

• Initiate legal action to stop infringement and seek damages.

• License the patent and demand royalties.

At Patentarea, we combine technical expertise with global reach to make international patent protection simple and reliable. Our team of experienced patent attorneys and engineers handles every step of the process, from searches and filings to follow-up, in over 30 countries.

By working with us, you benefit from:

• Expert Handling: Qualified professionals manage your patent application and procedures with precision.

• Transparent Updates: You receive regular, timely updates throughout the entire process.

• Strategic Support: In case of objections or rejections, our attorneys provide clear advice and effective strategies.

• Confidentiality Guaranteed: All your information is strictly confidential. We formalize this with a digitally signed confidentiality agreement before starting any engagement.

With Patentarea, your innovation is in trusted hands.