Patenting

Patents are the first step towards commercial exploitation of an invention. Thus, patents are an essential condition of raising capital from investors for commercial activity on basis of the invention.

Have you considered the relevant markets for your patenting?

Have you considered the relevant scope of your patent application?

Together with you, we will formulate a strategy which will give you the best chances in the patenting process.

A typical example will be to first file a national patent application (the priority application), then an international patent application (the PCT application) and then finally national patent applications.

Priority application and international application

After a possible preliminary novelty search to establish the patentability of your invention, the first priority founding patent application is filed. The date of the filing of the first patent application triggers a 12 month priority period during which the application can be updated.

Our attorneys are highly educated in a number of different technical areas, and we are therefore able to provide attorneys having qualifications specifically for your technical area. This helps to ensure a high quality of the drafting of your patent application.

At the end of the 12 month priority period, an international (PCT) application is filed. The international patent authority then performs a preliminary formality examination of the application and then issues a search report and patentability report about 16 months from the filing date of the first priority founding application. The PCT application is published together with the novelty search after 18 months.

The PCT application then enters the national phase and may be filed as national applications in the countries that have acceded to the PCT Treaty, which are most of the industrialised countries in the World. National applications must be filed within 30 months of the priority date.

This means that the duration of the priority year and the international phase is 2.5 years. Thereby, it is possible to protect your invention through the PCT system in one single application in almost all the countries in the World during the first 2.5 years after filing the first patent application. In this way, the significant costs of filing and examining in each of these countries are postponed. Through the PCT system, it is therefore possible to reserve the right to file a patent application in all the PCT countries for 2.5 years after the filing of the first application at a relatively low cost. Before investing large amounts in patenting the invention in many countries, you will be able to validate the invention, mature the product, test the market, or find commercial partners.

National patent applications

Until 30 months from filing of the first priority application, the PCT application may be filed nationally in the countries in which you wish to protect your invention. After this, the patent application is examined simultaneously in the individual countries taking their respective national laws into consideration. However, please note that a European application is examined centrally at the European Patent Office.

The respective national patent authorities will issue an office action stating if the application can be accepted. If the patent authority has objections to the patent application, the applicant has the opportunity of filing a response to meet the objections of the authority. After this, the patent authority will evaluate the application and either grant the application or alternatively issue another office action or even reject the application.

Our attorneys will assist you in analysing the objections in the office actions issued by the authorities and together with you, decide on how to meet these objections.

When all criteria of patentability have been met, the patent will be granted. It is not unusual that it takes up to 2 -  5 years from the filing of the national application before the patent is granted.

Relevant products"Patenting"

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