Are you an inventor?
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How It Works: 5-Step Process
1. Patent Search & Analysis (Optional)
We perform a global prior art search to determine if your invention is eligible for protection, and to design the best filing strategy.
2. Drafting the Application
The legal and technical experts prepare the full patent specifications, including detailed descriptions, claims, and drawings if applicable.
3. Filing Locally or via PCT
We file your or your client’s application with national patent offices or through the Patent Cooperation Treaty (PCT).
4. Examiner Communication
We handle all communications with the patent office, including responses to objections or Office Actions.
5. Patent Grant and Maintenance
We follow your application through to approval and manage post-grant maintenance deadline to keep your patent active.
What Can Be Patented?
To qualify for an invention patent, your innovation must meet the following criteria:
Novelty
Your invention must be new and not previously disclosed anywhere in the world.
Non-Obviousness
It must not be an obvious change or improvement on an existing solution to someone skilled in the field.
Utility
The invention must be functional, practical, and operable for its intended use.
Formal Requirements at a Glance
To file an invention patent, the following documents and formalities are required:
- A complete specification with title, abstract, background, and description.
- One or more claims clearly defining the invention’s legal scope.
- Drawings, if needed for understanding the invention.
- A signed oath or declaration from the inventor (if applicable).
- Proper formatting and submission language based on jurisdiction.
Patentarea ensures your application complies with all local and international requirements.
Filing Internationally?
If your business plan extends beyond one country, filing an invention patent internationally becomes essential. Patent rights are territorial, meaning protection granted in one country does not extend to others. To address this, the Patent Cooperation Treaty (PCT) provides a streamlined process for seeking patent protection in over 150 member countries with a single international application. While the PCT does not itself grant patents, it allows you to delay national filings and defer significant costs while maintaining your priority date.
How can Patentarea support you through the process ?
At Patentarea, we manage the entire international filing process on your behalf. This includes:
- Advising you on the most strategic jurisdictions to file based on your target markets.
- Translating technical documents when required.
- Coordinating with trusted local patent attorneys, and responding to official communications or office actions.
Once your application enters the national or regional phase, we ensure timely compliance with local formalities and follow through on maintenance requirements. Our global network and centralized coordination simplify what can otherwise be a complex and fragmented process, giving your invention the international protection it deserves.
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FAQ
What is the difference between an Invention Patent and a Design Patent?
An invention patent protects how something works, while a design patent protects how something looks. The former covers functionality, the latter appearance.
Can I apply for an Invention Patent without an attorney?
Yes, but it’s not recommended. The process is complex, and small errors can lead to rejection or limited protection. Patent attorneys offer legal and technical expertise to strengthen your application.
How long does it take to get an Invention Patent?
The process typically takes 18 to 36 months, depending on the complexity of the invention and the jurisdiction’s examination backlog.
Is patent protection valid worldwide?
No. Patents are territorial rights, which means you must file in each country or region where you want protection. Using the Patent Cooperation Treaty (PCT) can help streamline this process.
What are the costs to file an Invention Patent?
Costs vary by country and include filing, search, examination, and maintenance fees. Hiring a patent attorney adds additional expense. Small and micro-entities often benefit from discounted fees.
Can I publicly disclose my Invention before filing?
In many countries, any public disclosure before filing can destroy novelty and make your invention unpatentable. The U.S. allows a 12-month grace period, but it’s safest to file before disclosure.