How to register an invention patent?
Before investing money in registering a patent, you need to read this!
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How to register an invention patent?
The first thing you need to know is that registering an invention patent is the safest method to protect intellectual property of an invention. Applying for a patent is the only method that triggers a rigorous examination mechanism, where the patent office examiners study the background and the innovation claims of the invention to determine whether the invention can or cannot be patented.
Best time to register a patent.
To turn an idea into an innovative product with a high probability of success, it is essential to know the order of the critical steps in the process. It is very common for inventors to make mistakes in the order of these steps, and these incorrect decisions have very negative consequences, including:
- Register patents that leave out key elements of the innovation claims of the invention.
- Prevents identifying possible improvements in existing product patents.
- Making mistakes in the definition of the method to protect the invention.
Evolution of Ideas Diagram:
Before filing a patent application, it is essential to conduct a prior art search of patented products in different countries. There are several complementary methods to locate the state of the art you intend to use in the invention. You can perform these procedures yourself without spending money. Find out how to do it
In addition to conducting a thorough study of the patent background, it is crucial to correctly direct the Focus of Innovation through a Basic Engineering Project.
The basic engineering project is the process through which a team with experience in design and development of innovative products studies the improvement possibilities of an invention. Additionally, in this process, research and tests are conducted to determine the feasibility of the idea, as well as the best way to achieve the functions of an invention.
For an invention to have a chance of success in the market, it is essential that it is both technically and economically viable. These are the main premises considered when conducting a Basic Engineering Project.
The results of an engineering project allow you to define the key elements for drafting the patent application, so it is a mistake to file a patent application without having completed at least this process.
Calculate the Value of Your Patent
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Sell a Patent
The strategy of many inventors is to develop an invention to sell the patent. Although it seems like a straightforward strategy, the process is full of challenges. If the goal is to sell a patent, it is crucial to know which Milestones or Challenges have the greatest impact on the value of a patent.
The value of a patent is inversely proportional to the risk of the invention, so as the inventor meets the fundamental MILESTONES or challenges of the process, the patent will achieve a higher selling value.
From our experience, before proposing the sale of a patent, it is essential to have manufactured a functional prototype and gone through the product optimization process, through the production of a pre-series (replicas of the prototype for commercial testing).
Explainer video on investor acquisition strategy or patent sales.
Invention Patents vs Utility Models.
Main differences between Utility Models and Invention Patents:
Criteria | Patents | |
Duration | 10 Years | 20 Years |
Innovation requirements | Weak | Strong |
Approval process | Does not require substantive examination | Requires substantive examination |
Taxes | 86€ | 1200€ |
Market Price | Between 1500€ and 3000€ | Between 7000€ and 15000€ |
Approval likelihood | 88% | 48% |
Ease of internationalization | MEDIA | HIGH |
Sales posibility | 10% | 90% |
Positive aspects of invention patents:
Exclusivity: An Invention Patent guarantees the exclusive exploitation of an invention for 20 years. This means that during this period, the inventor can sell their patent to a third party, partially assign the exploitation rights of the patent, and receive fixed or variable royalties from its exploitation, or manage selling their products with protection that ensures competition remains distant for 20 years.
Possibility of Selling the Invention: Inventors should include in their invention protection analysis the future possibilities for monetizing the invention. In this regard, there are many more opportunities for a company or investor to be interested in buying an Invention Patent than in a Utility Model or other alternative invention protection methods.
Rigour in the Approval Examination: The existence of a substantive examination for an invention patent should be seen as a positive aspect. When an Invention Patent is approved, an accredited examiner from the Patent and Trademark Office certifies that the initiative is innovative and improves upon any prior records. Thus, this professional examiner and the Patent Office are responsible for their decision to grant the Patent to the Inventor. In the case of a Utility Model, there is no such rigorous examination, which is why almost identical records can be found in the same Patent and Trademark Office.
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Negative aspects of invention patents:
Probability of Approval: As a result of the level of rigor with which an Invention Patent is reviewed, there is a 48% probability of approval compared to an 88% probability in the case of Utility Models. It's like being a graduate engineer from the best university in the world versus obtaining the degree from a school where grades are given away. The best companies will compete to hire the top students, and the best patent buying funds will compete for high-interest Patents rather than Utility Models.
Patent Costs: Patents are between 2 and 3 times more expensive than Utility Models. This cost is justified by the difference in the official application fees at the Patent Office, as well as by the fees charged by professionals who prepare the invention documents.
Patentes en Estados Unidos Vs Patentes en España:
Criteria | Spain Patentes | |
Duration | 20 Years | 20 Years |
Market Size | 48 M | 332 M |
Purchasing capacity (Average Income x Family) | 16.814 € | $ 70.784 |
Taxes | 1200 € | $ 400 + $1200 (opcional respuesta rápida) |
Between 7000€ and 15000€ | Entre $ 10.000 y $15.000 | |
Approval likelihood | 48% | 55% |
Ease of internationalization | + | + |
Posibilidad de venta de patente | LOW | HIGH |
Private investors Market | LOW | HIGH |
Grant Time | 18 - 24 M | 6 - 12 M |
Patentsable Inventions vs. Non-Patentable Inventions
To apply for a patent, the invention must have a real utility, improve the way existing products function, and achieve these improvements in a novel and non-obvious manner.
Patentable Inventions | Non-Patentable Inventions |
Innovative Appliances Industrial Machines Everyday Objects Sports Equipment Medical devices Innovative Furniture | Books, plays, musical works, or any artistic work. Business Models Games Instructions Medical Treatments Mathematical Models Software Products and Mobile Applications |
Best Countries to Register a Patent
The decision on which is the best country to register a patent also has a significant impact on the value of a patent. If the inventor's strategy is to create an invention to then sell it, it is crucial to choose the country to establish the patent carefully.
Below, we provide some arguments that might help you make your decision:
Market Value: The patent grants the exclusive right to exploit the invention in the countries where it is registered. The value of a market is determined not only by the number of potential buyers but also by the purchasing power of its society. In this sense, the United States is considered one of the most valuable markets in the world. Therefore, patents in the United States often have a higher value than patents in other countries.
Legal Security: The legal security In the field of patents, it refers to the effectiveness of the legal procedures available to block any attempted infringement of a patent. . In this sense, United States, to maintain its status as one of the headquarters with the largest number of patents in the world, has a very effective mechanism to protect inventors, this mechanism includes its legal structure as well as its Customs and border protection services.
Investor Market: The success of an invention, in many cases, is conditioned by the amount of economic resources available to the inventor to move it forward. In this sense, the United States has created and maintains the strongest private investor ecosystem in the world, making it much more probable to raise capital in said market to promote a new invention or sell a patent . Without a doubt, these investors, due to the legal certainty associated with the United States market, are more likely to choose oneUnited States patent than a patent from other countries.
Financing for conflicts: Inventors forget that when they are granted a patent title, no matter how exciting the moment, is not the end, but the beginning of the process. During the development of an invention, conflicts may arise related to the patent of the invention,
Concession time: Another criterion to take into account is the time of granting of the patent. Although it is a less important criterion, there are countries that offer a priority evaluation method, which guarantees a resolution in less than 10 months.
Importance of registering a Patent:
For the Inventor: Without a doubt, the exclusive transfer of commercial exploitation rights of an invention, is the main motivation why an inventor publishes his invention and reveals its details or operating principles. From the granting of a Patent, the inventor has several options or Business Models to form a strategy that allows make the invention profitable.
For society: The main objective of a patent isto motivate inventors to document and publish their discoveries and advances, so that science can maintain a accelerated pace of evolution. It is no secret that based on an invention other initiatives are developed and, together, they improve the life of society in general.
La cesión exclusiva de derechos de explotación de un invento, a su inventor, es la herramienta o mecanismo de motivación principal para que los Inventors publiquen sus invenciones y las exploten en exclusiva durante 20 años.
Let’s talk about your project
We’re aware of the importance of protecting information. It is for that reason that we only ask you for superficial and basic details that will allow us to assign your project in-house.
Frequently asked questions about Invention Patents
A patent conflict occurs when a company or individual begins the process of marketing products that partially or totally affect the innovation claims of a patent . We recently met and documented a case that may perhaps clarify your doubts about patent conflicts. The United States is one of the countries with the greatest movement of defense and patent conflicts and at the same time, one of the markets where patents are most sold and bought.
The price of obtaining a Patent is between €7,000 and €20,000. The price of a patent is determined by the official rates, ="font-weight: 400;"> as well as the fees of the intellectual property advisors. In turn, the fees of intellectual property advisors are conditioned by the industry or sector where you intend to innovate and the volume of information to process for the background study. The details associated with the complexity of the invention are also taken into account in question. In cases where the inventor has a basic engineering project style="font-weight: 400;">or a documented functional prototype , it is possible that the price of the patent be less.
The Patent and the Industrial Design , are methods of protection of inventions recognized in all Patent and Trademark Offices in the World , unlike the Utility Model. In the case of patents, the innovation claims are protected. style="font-weight: 400;"> that allow the invention to work and at the same time, are innovative or different. In the case of Industrial Design, only the aesthetics of the product are protected and its details associated with product design or appearance.
To sell a patent, it is essential to demonstrate the technical and economic viability of an invention. technical feasibility is demonstrated with a basic engineering project, where the details that will allow the invention works. It is very positive that the inventor has a functional prototype that demonstrates the veracity of the engineering project. The economic viability of the invention is demonstrated with the documentation associated with the functional prototype, as well as the defense of closeness between the prototype and the industrial methods of manufacturing an invention. That the patented product has a certain track record in the market multiplies the sale value of a patent.
Patents can be sold through a negotiation process that may be directed by the inventor himself. Normally, patents are not sold by chance, but rather, the inventor creates an approach strategy and product improvement that can be very interesting for the product portfolio of an industry leader. Although there are advisors specialized in the sale of patents, you must be very careful, since most of the companies and professionals who advertise Such services are limited to writing to company directors on Linkedin without having a real strategy. Offer your invention not appropriatelyto leaders in the industry, or in very early stages, may affect the future value of the patent.
The truth is that earning the trust of investors in very early stages , it is unlikely and also counterproductive. It could substantially affect the value of the patent. Even offering the participation of investors in very early stages can be a limitation for the future of the project. To finance a patent, you must raise investment in your closest environment and without using methods of diffusion of the idea or invention.
Bringing an invention to the market and succeeding is neither easy nor accidental
After working closely with over 500 inventors from Spain and the United States, we have prepared an inventor training program, specially tailored for you.
Inventor Training:
Program:
Program: Patent your Invention
The time to bring your ideas to life is now. We accompany you throughout the entire process: from idea to product.
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