Patents

How long does it take to obtain a patent?

The time it takes to obtain a patent can vary depending on many factors, such as the complexity of the invention, the number of patent applications filed, the workload of the Industrial Property Office, and more. In the Czech Republic, the average duration of the patent procedure is approximately 2-3 years. The average time at the European Patent Office is 3-4 years. In some countries, the grant procedure can take even longer, such as in the USA, where the process can take more than 5 years.  However, if the invention is complex, the process may take longer. In some countries, it is important to keep in mind that the process of obtaining a patent can be complex and expensive. For this reason, many inventors use the services of patent attorneys to help them with the entire process, reducing the duration of the administrative process.

What is the cost of obtaining a patent?

The cost of obtaining a patent can vary depending on many factors, such as the complexity of the invention, the number of patent applications filed, translation requirements in different countries and more. Costs can also vary depending on whether the inventor uses a patent attorney or tries to obtain a patent himself. In the Czech Republic, the cost of obtaining a patent is approximately CZK 30,000 to 75,000. In the US, the cost of obtaining a patent is usually higher and can reach several thousand dollars. It is important to keep in mind that the cost of obtaining a patent is only part of the total cost of the invention. The inventor must also pay annual fees to keep the patent valid and other costs associated with the development and production of the invention.

Before filing a patent application, what steps should I take?

1. State of the Art Search

Before filing a patent application, it is important to conduct a prior art search to determine whether your invention meets the requirements for patentability. A prior art search involves finding information about similar inventions that already exist and are patented or in the public domain. You can carry out a prior art search yourself or with the help of a patent attorney. A patent attorney has more experience with prior art searches and can help you find relevant information about similar inventions.

2. Description of the invention.

The next step is to prepare a description of the invention, claims and drawings. The description of the invention should be detailed enough to understand how the invention works and how it differs from similar inventions. The claims should be as specific as possible and should define exactly what you want to protect. The drawings should be detailed enough to understand what the invention looks like and how it works.

3. Territorial scope of protection.

It is also important to consider whether you want to protect your invention in only one country or in several countries. If you want to protect your invention in several countries, you can file an international patent application. It is good to keep in mind that the process of obtaining a patent can be complicated and expensive. That's why many inventors use the services of patent attorneys to help them through the entire process.

What are the key benefits of international patent protection?

International patent protection allows inventors to protect their inventions in several countries with a single international patent application. International patent protection is governed by the system of the Patent Convention on International Cooperation in Industrial Property (PCT). Some characteristics of international patent protection are:

1. International patent application:

An international patent application is filed with the World Intellectual Property Office (WIPO) and contains a description of the invention, claims and drawings. The application may be filed in one of the languages recognised by WIPO.

2. International searches:

The International Industrial Property Office conducts an international search to determine whether the invention meets the requirements for protection. The search is carried out on the basis of similarity to existing inventions.

3. International evaluation:

The International Industrial Property Office assesses whether the invention meets the requirements for patentability. If the invention is patentable, an international search report and an international preliminary assessment are issued.

4. National Phase:

After receiving the international search report and the international preliminary assessment, the inventor can file a patent application in the countries where he wants to protect his invention.

5. Payment of fees:

In order to keep the patent valid, fees must be paid periodically in each country where the patent is registered.

What are the options for registering patents abroad?

1. On a national scale, in each state by filing a patent application with the local Office. For more information, see the website of the Industrial Property Office.
2. By filing an international PCT application under the Patent Cooperation Treaty (1970 Washington), under which protection can be obtained in up to 157 member states. The procedure for an international patent application is divided into a national phase and an international phase, after which the procedure breaks down into national phases and a number of national patents are granted. More information is available on the website of the Industrial Property Office of the Czech Republic.
3. By filing a European patent application under the European Patent Convention (1973, Munich), for the possibility to obtain protection in 39 member states of the European Patent Organisation. The Czech Republic has been a member since 2001. The European patent is granted by the European Patent Office in Munich (EPO), but to ensure validity in the individual countries, it is  still necessary to undergo validation procedures, which differ in requirements for the submission of translations and administrative fees from country to country. More information about the European Patent Office is available here. 
4. Through an European patent with an unitary effect in the unitary patent protection system. As of 1 June 2023, the Unified Patent Court has started its activities. The European Patent Office will grant, in addition to the existing European patent, a European patent with unitary effect (Unitary Patent) which, unlike the existing European patent, will not be a bundle of national patents but will be unitary and indivisible (one office, one procedure, one fee). For more information on the EP with unitary effect, see our article here.