It is only possible to apply for a patent for an invention which satisfies the requirement of novelty, is based on an inventive step and is industrially applicable. The industrial applicability is usually not a problem, the discussion with the patent offices during the examination of the patent application usually revolves around the questions of novelty and inventive step.

 

1. Preparation of the patent application

The preparation of a patent application therefore includes the precise determination of the invention, which can perhaps comprise a superordinate principle lying behind the quite specific invention that has been made. This is where my many years of experience and practical knowledge from drawing up a very large number of patent applications are an advantage which pays off in discussions with the inventor.

2. Search

The next step is carrying out a search of the prior art, i.e. a search is made for the documents coming closest to the invention - usually published patent applications - which are to be used for the examination of novelty and inventive step. The work of the examiner in the patent office in the examination of the patent application does not proceed any differently to this. This preliminary work means that the patent application is then best prepared for the official examination process.

3. Drawing up the patent application

I then draw up the patent application taking into account the determined prior art and the information supplied by the .inventor on his invention, usually with multiple consultation.

4. Filing the patent application

The patent application thus prepared is then filed as a patent application at the German Patent Office, European Patent Office or also national patent offices in other countries abroad. A so-called international patent application - PCT Application - can also be filed.

Examination of the patent application

In order that a patent for the invention is granted by the patent office, among other things the already mentioned requirements for patenting, namely novelty and inventive step, must be satisfied, these being strictly examined, for example by the  German Patent Office and by the European Patent Office or also the  Patent Offices in USA, Japan and China - to mention just a few.

The official patent examination process

This official patent examination process takes place during the examination of the patent application during which office actions - usually more than one - are issued by the patent office and must be answered. Here again my many years of experience in the process of granting patents before the German Patent Office, the European Patent Office and also other offices abroad is a major advantage for the inventor and patent applicant.

If the patent application has finally successfully passed the examination process, the granting of the patent follows. The patent grants the proprietor a monopoly right, i.e. only the proprietor of the patent or those whom he allows to use the patent - the licensees - may then use the patent, which is protected for many years, others are forbidden to use the patent.