When we have a great idea we would like to bring to life, we feel the need to protect it so that no one else develops it.
This applies in many areas, whether it is an idea for a new business, a product, a mechanism, or anything else.
So if you want to hold your own patent, you need to know the steps to follow and how much it may cost you.
What can you patent?
Before learning the steps you need to follow to file a patent, you should know that an idea as such cannot be patented. What you patent is the item that derives from that idea.
In other words, you can patent a process, a product, an app, or any other creation of your own that is completely new. For artistic creations, such as a song or a book, you will need to register the intellectual property instead.
Keep in mind that when you file the patent, you will need to provide specific details about the item. So you should carefully prepare everything you need to submit ahead of time.
What are the requirements to patent your idea?
To submit the patent application for your item, you need to meet a few essential requirements:
- The item must be novel, meaning it must not have been patented before
- The item must have been developed by you through an inventive step
- The item must come with its industrial applicability analysis
Once your product or item meets all these requirements, you need to prepare the different documents you have to present when you submit the application:
- Descriptive report: this document defines the item you want to patent. It consists of five parts: the introduction, the field of the invention, the technical background, the description with designs and sketches, and an example of practical use.
- State of the Art Report (IET): this is another document you will need to submit, and it serves as proof that your invention did not previously exist.
Both the descriptive report and the IET must be prepared by professionals in the field, that is, an expert who specializes in patents with legal and technical knowledge.
Steps to patent an idea
Once you have verified that your idea meets the requirements to be patented and you have the necessary documents, you can start the application process to get your idea patented.
To do this, you must go to the Spanish Patent and Trademark Office (OEPM) to submit the required documents and start the process. Once the relevant documents have been filed, the project enters the demonstration and analysis phase.
18 months after the process begins, the application is published to make it publicly available. It then enters the substantive examination stage, where the OEPM will review your application with three professionals to determine whether it meets the necessary requirements.
Finally, if the patent is approved, it will be published in the Official Industrial Property Gazette (BOPI). At that point your idea is patented and you can enjoy all the benefits that come with it.
How much does it cost to patent an idea?
Patenting an idea is a long process that requires a considerable investment. However, it is worth doing if you believe you have something that can be profitable and that you want to protect.
The fee for filing the application with the OEPM is €100.83, but that will not be the only expense. You will also need to pay the fixed fees charged by the office, and once the patent has been granted, you must pay to maintain your rights for 20 years, which is the term of protection.
Because the documents you have to submit must be very well prepared, so that they provide the technical information that reflects the exclusivity of your idea, it is advisable to contact an industrial property professional who can advise you on the matter.
So, to prepare the descriptive report and the IET correctly, you will need to pay approximately €691.50. This means the final price to patent an idea can be around €792.33 just to start the application. On top of that, you have to add the fees you need to pay the office to continue the process.
