How to file a non-provisional patent application

A non-provisional patent application is the formal request for a patent grant. Unlike a provisional application, it is examined, and it is the filing that can actually result in an enforceable patent.

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What are the steps?

1. Confirm the invention is patentable. Novel, non-obvious and industrially applicable. Run a patent search or have an attorney assess it.
2. Prepare the documents. Each office sets its own formatting and content rules; check the requirements for your jurisdiction before drafting.
3. Draft the claims. The most important part of the application, because the claims define the boundary of what is protected.
4. File with the patent office. Submitted online to the relevant authority, such as the USPTO or the EPO, with the filing fees, which vary by entity size and region.
5. Go through examination. An examiner reviews the application and may issue office actions requiring clarification or amendment. Most jurisdictions charge examination fees on top of filing.
6. Wait for the decision. If the application meets the criteria, the office grants the patent.

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How long does it take?

Three to four years is typical, longer for complex cases. See how long it takes to get a patent granted for what drives the timeline.

Remember the 20 year term runs from the filing date, so time spent in examination comes out of the enforceable life of the patent.

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What happens after grant?

Renewal begins. A granted patent stays in force only while its patent renewal fees are paid, due annually in most countries and rising as the patent ages.

This is the part applicants underestimate. Filing is a one-off cost. Renewal repeats every year, in every country where the patent was granted, for up to two decades.