How to patent a product

It is not the first time that someone invents something and for not patenting it in time loses its authorship, since another person went ahead of him. Therefore, it indicates the steps to follow to patent a product, because it is not always necessary to wait to see if said product reports the economic benefits that are expected. If the idea is novel and without prior disclosure, it is already patentable.

Steps to follow:


Requesting a patent does not require specific deadlines to perform other types of tasks. Therefore, it is better to study the patent procedure in detail, try not to request it in a hurry and, if possible, ask for the help of a professional: a patent attorney.


At the time of requesting a patent, it will be necessary to present documentation in the Spanish Patent Office as a patent application, the data of the applicant, a description of the invention, claims, plans and a summary.


First, the submitted documentation is studied and, if this is usually in order, the application is given a filing date, which is also known as a priority date.


After the presentation a formal examination is performed to verify that the documentation is correct and the following 12 months, you can submit patent applications in other countries.


Then, a search report is sent in which copies of all documents of previous state of the technique that the opportune technician has found and that are considered relevant for his invention are included.


Your request is published 18 months after the filing date. Thus, the invention will appear already in databases accessible to third parties around the world. From there, they are offered another 6 months to carry out the application or include some other country.


If a substantive examination has been previously requested, the EPO will decide whether the application meets the requirements of the European Patent Convention. There will be three examiners from the EPO who will ask you questions about the application.


If the examiners decide to grant the patent and all fees have been paid, the patent will be published in the European Patent Bulletin.


From that moment is when it has to be validated by each of the states in which the patent has also been requested . In some countries, this may mean that all translated information must be sent.