What is Patent Filing? Complete Guide

August 14, 2025

 

What is Patent Filing?

Patent filing is a process of submitting the patent application to a government patent office like: USPTO, IPO, CNIPA etc. Every country has its official patent office. The patent application is filed to seek protection of the invention.
 
To own the rights on the Patent, the first step is to file the Patent application, so that rights are secured on your innovation legally. It prevents others from using, selling, importing the invention without the permission of the inventor.
 
The Patent Filing includes a detailed documentation about your invention like: How the invention works, How is it different from existing inventions, novelty of the invention etc. Depending on the type of application which is being filed eg- Provisional, Non Provisional, PCT, National Stage Application and Design Application etc.
 
For an inventor to own the exclusive rights and benefits of the invention, it is very important to file the Patent application with all the necessary documents and with the proper guidelines of patent offices of each country. Therefore, Patent Filing services play a vital role in today’s IP industry.
 

Types of Patent  Application

 

Significance and  Importance

  • Patent Filing is not all about paperwork, but it also a plays an vital role to grow  your business and protect the life of your Invention. Patent Filing protects your idea by preventing others from copying, selling or using your idea.
  • Merely an idea is not enough. Earlier the rights were given to the person who was “First to Invent” but it lead to unfair practices because of which the concept has now evolved to “First to File”. The invention will be owned by the person who has first filed the Patent application for his/her invention. It leads to completion in the market since it attracts investors in your innovation, increasing the value of your company. You can earn royalties from your patent and you can even license your patent if you are not making the product yourself. It adds value to your business.
  • Therefore, Patent filing is the most important part of protecting your invention.
 

Methodology

1. Make sure your Idea can be Patented

The first step is to check that your invention has novelty, uniqueness and it should be original. Basically your invention should be innovative, something which has not been done in the same way by other inventors. It should have distinctiveness.

2. Conduct Search

Before filing a patent application, a search must be conducted to check whether a similar idea already exists or not. It is called prior art search and it helps to avoid wasting time on something which is already being used.

3. Pick the Right kind of application

  • A provisional application (It is a rough draft to take the priority date i.e. it gives you early protection for 12  months)
  • A non-provisional application (It is the full version i.e. complete application that the patent office actually examines)
  • Or an international application if you want protection in other countries too.

4. Prepare your Application

This is the most important and complex part of the application. It includes a detailed description of your invention of what is your invention, how it works and how it is different from other inventions. It also includes drawings and claims defining the scope and boundaries of your invention. Also, formal documents are to be prepared along with other necessary documents.

5. Submit your Application

Once everything is complete, file the application at the respective patent center (USPTO in U.S., IPO in India, CNIPA in China etc). Once the application is filed, you will receive a filing date and filing number that’s when your protection officially starts.

6. Wait for Examination and Respond if needed

Once your application is submitted, the prosecution starts and you will receive an Office action within 14 months. The examiner raises certain objections and you have to respond to overcome the objections.

7. Get Your Patent Approved

If you are able to overcome the objections of the examiner, your patent will be approved and you will receive Notice of allowance. To get your patent granted you have to pay issue fee within three months (no extension) or else your application will be abandoned.

8. Keep It Active

Once your patent is granted, you have to pay the maintenance fee at the interval of 3.5, 7.5 and 11.5 years to keep your patent alive.

The process might be lengthy but it is worth the effort since it protects your hard Work and your innovation for a term of 20 years.

Our Approach

Effectual always take time to understand your ideas as we know how meaningful and important your ideas are to you and your business.

We always make sure to review your application before filing keeping a proactive approach towards your Patent application.

We ensure to track each and every important event so that no deadline is missed.

We keep regular audits to make sure to catch error if any before it leads to a major problem

Our approach is to provide the best quality of work to our clients and build relations with trust.

Frequently Asked Questions 

Q1. How do we know if the invention is patentable?

For the invention to be patentable, it must be novel, non obvious and unique. To find out whether the invention is patentable or not, a prior art search is conducted to find out whether similar invention is already in use or not.

Q2. Do we need to build a prototype/model before filing a patent?

Not necessarily. To start with, you only need a clear and detailed explanation of how your invention works.

Q3. What’s the difference between a provisional and non-provisional patent?

A provisional patent is an incomplete application which helps you to take the earliest priority date giving you a time period of 12 months to completed your full application whereas Non Provisional patent is the final and complete version of your applications which further goes for examination process and is later granted.

Q4. How long does it take to get a patent?

Basically the time period of getting a patent depends on the country and the type of invention, but usually it takes 1.5 to 3 years- sometimes longer. The said protection starts from the filing date and not the grant date.

Q5. Can I file a patent in more than one country?

Yes, through Patent Cooperation Treaty (PCT), you can file in over 150 countries. It is better to file through PCT rather than filing application in each country individually as it is a costly and time consuming method. It does not give a global patent but it gives you time and flexibility to file in different countries.

Case Study

Client

A small health tech startup. They were launching their first real product. They had a solid idea in their mind but they did not knew where to begin with.

Challenges

The team had never filed a patent before in different countries and they were not sure if their product could be patented. They were worried to make a mistake which could cost them later. So they needed someone to make the process simple and guide them regarding the same.

How we Helped

We started by having a meeting virtually and understanding their concerns and requirements. After we understood their expectations we started by conducting a prior art search to check that the invention was unique and not in use. Then we started by filing a provisional application to claim the earliest priority date, giving them time to work on the full application. Later, we filed a PCT Application so that they could protect their invention globally. Throughout the process, we handled all the paperwork, made sure responses were filed on time, tracked deadlines.

How Can We Help?

At Effectual Services, we make the patent filing process easier to understand as well as easier to manage. We help you to maintain the patent till it is alive and for that we start by helping you to know whether your invention is patentable or not by conducting prior art search. We start by drafting your application and later filing it to the respective patent office- we handle everything. All the deadlines are tracked by us and we respond to the office actions timely so that you don’t miss an important event which could cost you loss of rights or money. Moreover, whether you are filing in one country or you are looking for protection internationally we try to fit your goals. Most importantly client service is our utmost priority so we keep our communication simple and are available for you when you need us treating your invention with the same seriousness you do.

Why Choose Effectual Services?

  • We Track all the deadlines: We keep a proactive approach and track all the deadlines so that nothing is missed. We also send you timely reminders to keep you updated.
  • We have fixed messy situations and made sure they don’t happen again: A lot of people come to us after things have gone sideways. Deadlines were missed, documents were filed wrong, or nothing was being tracked properly. We step in, clean it up, and then put a system in place that actually works, so the same mistakes don’t repeat.
  • We stay ahead so you don’t have to stress: You won’t need to chase and ask what is due. We keep an eye on everything and let you know what is coming up before hand so that you don’t have to stress on the last minute.
  • We double-check every time: We have a habit of double checking every detail. We do not assume that some one else might have checked it before. We also run audits to catch the errors even before it takes place.
  • Big or small, we care the same: It doesn’t matter whether you are a solo inventor or a big firm we treat the work with same respect and keep a proactive and focus towards each and every work.
US, UK, IN
Get in Touch