- Home
- Our Services
- Patents
- Conditions for obtaining a patent: overview
Conditions for obtaining a patent
Inventions that are new, involve an inventive activity and that are capable of industrial applicability can be protected for a maximal duration of 20 years by means of patents.
The invention may take many forms — a new product, a process, a method, or a way of manufacturing something. To be patentable, it must meet an absolute novelty requirement. This means that any public disclosure — even an informal conversation by the inventor — can destroy the possibility of obtaining a patent later. For this reason, the invention must be kept strictly confidential until the patent application is filed, and any disclosure should only occur under a written confidentiality agreement.
In addition to being new, the invention must not be obvious or simply the result of routine thinking. However, the level of inventive step required is not extreme; groundbreaking breakthroughs are rare, and most technological progress happens through small, incremental improvements. If such an improvement — even a simple one — offers a competitive advantage, it is often worth considering patent protection or another suitable form of IP protection to secure that advantage.
Industrial applicability can exist in virtually any industry, including agriculture. However, certain fields are excluded from patent protection — for example, surgical or therapeutic methods, medical diagnostic procedures, and similar human- or animal-treatment methods are not considered industrially applicable.
Likewise, discoveries, scientific theories, artistic or aesthetic creations, rules of games, economic methods, and the mere presentation of information are generally not regarded as inventions in the legal sense.
In Europe, software “as such” cannot be patented. However, case law has evolved significantly: many computer-implemented inventions can now be patented, provided they produce a technical effect beyond the software itself.
The structure of a patent must follow strict formal requirements. Typically, a patent includes the following key components:
Abstract – A concise summary that helps others quickly identify and locate the patent, especially in databases.
Description – A detailed, technically written explanation of at least one embodiment of the invention, usually supported by figures. It must provide enough information for a skilled person in the field to reproduce the invention.
Claims – The legally binding part of the patent that defines the scope of protection. The claims cover the main embodiment described, as well as potential variations that competitors might try to use.
In addition, every published application or granted patent includes a title page containing bibliographic information.
The Claims
For any patent applicant, the claims are the most critical section of the patent. They define the exact legal scope of protection. The wording of the claims determines whether a competing product or process infringes the patent.
A typical claim set includes at least one independent (main) claim and several dependent (auxiliary) claims. Claim 1 is always independent. Dependent claims refer back to an independent claim or another dependent claim.
Example:
“Device according to claim 1, characterized in that…”
This is a dependent claim because it explicitly refers to claim 1.
Interpreting Independent Claims
The independent claims define the patent’s enforceable protection. A device or method infringes the patent if it contains all elements of at least one independent claim.
For this reason, patent attorneys devote significant effort to crafting independent claims that:
- cover the applicant’s own preferred embodiment, and
- also cover variations that competitors might adopt,
- while remaining clearly distinguishable from the prior art.
A claim set may include several independent claims of different categories. For example:
– A chemistry invention may have:
- one independent claim for a new compound, and
- another for the process of producing that compound.
An electronics invention may have:
- an encoder claim,
- a decoder claim,
- and a method claim for the coding technique.
Interpreting Dependent Claims
Dependent claims must always be read together with the claim(s) they reference. Their scope is narrower than that of the independent claims. They serve a critical fallback role:
If the main claim is rejected for lack of novelty or inventive step, the applicant can amend the protection to match one of the dependent claims.
Claim Formats
Claims may be drafted in one-part or two-part format:
Two-Part Claims (Europe / PCT)
Two-part claims contain:
- Preamble – The features of the invention already disclosed in the closest prior-art document.
- Characterizing Portion – The new features that distinguish the invention, introduced with “characterized in that” or “characterized by.”
A two-part claim is infringed only if a competitor uses both:
- all features in the preamble, and
- all features in the characterizing part.
Shorter claims with fewer features usually provide broader protection.
A two-part format is required “when appropriate” in European and PCT filings, but is generally not recommended in the USA.
One-Part Claims (U.S. and other jurisdictions)
A single-part claim does not distinguish between known and new features. All features are presented in one continuous list.
Advantages include:
- Simpler infringement analysis.
- Avoiding any implicit admission that the preamble features are known.
- Stronger position for arguing inventive step, especially in the USA.
What File Format Should Be Used for Patent Figures?
A drawing truly is worth a thousand words—especially in patents and designs, where the clarity and precision of the figures can significantly influence the scope of protection.
However, patent and design drawings must follow strict formal rules, including:
- required page margins
- line thickness and uniformity
- formatting of text and reference numbers
- page and figure numbering
- limits on color, shading, and greyscale
These standards differ from those used in typical technical or marketing illustrations. For this reason, our draftsperson usually needs to prepare new drawings that fully comply with patent office requirements.
To reduce cost and minimize errors, we prefer to adapt existing electronic drawings whenever possible rather than redrawing everything from scratch.
Below is a non-exhaustive list of file formats we can work from:
– CAD & technical formats:
- AutoCAD: .dxf, .dwg
- SolidWorks: .sldprt, .sldasm, .slddrw
- Inventor: .ipt, .iam
- Catia Graphics: .crg
- Pro/ENGINEER (Creo): .prt, .xpr, .asm, .xas
- Solid Edge: .par, .psm
- Cadkey: .prt, .ckd
- Unigraphics (NX): .prt
– Vector & design formats:
- CorelDRAW: .cdr
- Adobe Illustrator: .ai
– Other usable formats:
- PowerPoint: .ppt
If you are unsure whether your file type is suitable, don’t hesitate to get in touch with one of our patent attorneys—we’re happy to advise you.
Costs for Obtaining Patent Protection
The total cost of securing a patent depends on several factors, including the complexity of the invention and the countries in which protection is sought.
For the initial patent (the one filed at the end of the priority year), costs typically include:
- preparation and filing of the application
- official filing and examination fees
- grant fees
- translation costs (especially for European patents)
Once granted, patents must also be maintained by paying annual renewal fees, which keep the patent in force for up to 20 years.
At LUTIN IP, the cost of preparing and filing a patent application generally ranges from EUR 3,000 for a simple UK filing to EUR 25,000 or more for a complex international application preceded by a preliminary search. Subsequent costs depend primarily on the search report and how smoothly the examination progresses. We provide cost estimates at each stage of the procedure so you can make informed decisions.
The cost of foreign filings varies significantly from country to country. Translation expenses, often a significant part of international patent costs, must also be considered. These typically arise about 12 months after the priority date, but may be deferred up to 30 months when filing through the PCT international procedure.
