How does the patent application process work?
You have an innovative idea; we make sure it’s properly protected. Our patent attorneys draft your patent application with precision, legal soundness, and strong technical clarity. From the first draft to submission with the patent office, we handle the entire application process for you competently, efficiently, and tailored to your needs. This is how your idea becomes a real intellectual property right with substance. Because filing a patent application often requires thorough preparation, the process can typically be broken down as follows:
Preparation Phase: Patent Search
Before filing a patent application, it is advisable to conduct a patent search [Anchor: Patent Search] to determine whether your invention is truly new. This helps ensure that no identical patent applications/inventions have been filed to date.
Preparing a patent application
The patent application comprises a formal request for the granting of a patent, a patent description usually comprising between 30 and 80 pages with a detailed explanation of the invention in all relevant embodiments, patent claims defining the scope of protection sought for the invention, one or more figures intended to further illustrate the invention, and a brief description of the invention as a summary.
Developing a filing strategy
Patent applications and patents are territorial property rights; they are only effective where they have been applied for (and granted). If you seek protection in Germany, you must apply for a patent for the invention at the German Patent and Trademark Office (DPMA, https://www.dpma.de) or the European Patent Office (EPO, https://www.epo.org). If you also want protection in, for example, the USA, you can either file an application with the US Patent and Trademark Office or file an international patent application (PCT, https://www.wipo.int), where you can also select additional countries. Other considerations may play a role in the selection of the filing office or offices; we will be happy to advise you on this.
Submitting the patent application
We submit the required documents on your behalf. We take care of paying the applicable official fees and record all deadlines relevant to the filing date, so that your application is not invalidated by a formal error.
Examination Procedure & Publication
Once your patent application has been filed, the patent office first checks the submitted documents for compliance with formal requirements.
An examination of the content, i.e., the question of whether the invention applied for is new and inventive in relation to the state of the art, is only carried out after the search request or examination request has been filed. The former is voluntary, while the latter must/can be requested from the DPMA within 7 years of the filing date, otherwise the patent application will be rejected without examination and without having led to a patent. At the EPO, at least the search request is automatically included in the application. The EPO therefore conducts a search of the application for you a few moths after the filing date.
Publication after 18 months
Unless withdrawn, the content of the application will be published online by the registration office 18 months after the filing date and will be accessible to everyone.
Granting of the patent & duration of protection
Patent grant
If, or as soon as, the office determines that the invention is new, inventive, and industrially applicable, the patent is granted. This may require changes to the patent claims after filing, which may be necessary due to the content of the prior art researched by the office. We guide and support you through this step.
Maintenance & renewal
Its term (apart from exceptions for pharmaceutical patents) ends a maximum of 20 years after the filing date (or, where applicable, after the priority date), provided that the prescribed renewal fees, which in some offices are payable annually, have been paid by that date, which is why the term “annual fees” is commonly used.
International expansion (optional)
If protection in other countries is desired, this can be sought within one year (“priority year”) of the filing date of the first patent application (filed, for example, with the DPMA or the EPO). There are various ways of doing this:
Unitary patent (EPO)
One application for several countries of the European Union, the patent then takes effect in all these countries.
European patent application
An application for most European countries, which can also be extended to various North African countries, whereby annual fees are only payable in the desired countries after grant.
International PCT application (Patent Cooperation Treaty)
Enables protection in over 150 countries, but after the international phase, the patent must be continued separately in each country.
US Patent and Trademark Office (USPTO)
Grants patents effective in the United States.
In which countries is patent protection really worthwhile? At Bobbert & Partner, we analyze your markets, competitors, and business goals and develop a custom-tailored application strategy for your intellectual property rights. Whether national, European, or international, we show you where your investment in patent protection truly pays off. For more security, lower costs, and maximum protection for your innovation.