🍲 How do you cook a patent? Steps towards a Patent.

First, Let’s Clarify What ‘Patenting’ Means

⚙️ A patent protects a technical invention.

❌ Therefore, you don’t ‘patent’ a trademark; a trademark is registered.

💡 Not every ‘idea’ can be patented either. A technical idea is an invention and can be patented, but a non-technical idea—such as “I had the idea to take my boyfriend to the theater for his birthday”—is not patentable. 🤷🏽‍♀️

With that clarified, what are the steps to obtaining a patent?

Step 0 – Yes, There’s a Step Zero!

When I write a recipe in my cookbook, I always include a Step Zero 🥦🍅🫑🍲—preparing the ingredients, gathering materials, and preheating the oven. For patents, it’s (almost) the same: the ingredients need to be ready before starting the recipe. And the main ingredient of a patent is the invention itself.

So, while it may seem obvious, Step Zero is the invention stage 🔬. First, you need to invent something—or rather, a technical solution to a technical problem.

⁉️ But wait, is it as obvious as it seems? What exactly is an invention? When does an idea become an invention? Do I have to create a disruptive new product—like the mobile phone, the rocket engine, or DNA replication—for it to be patentable?

No! Otherwise, there wouldn’t be so many patents: 💥 3.6 million in 2023 worldwide. Often, an improvement to an existing technology can be patented.

But let’s continue with the steps for obtaining a patent. As for what can and cannot be patented, we’ll cover that in a future episode of our #iPWhistles.

Step 1 – Identifying the Invention

You need to clearly identify 🔍 what you have developed: what is already known and what is truly new. Your favorite patent engineer (hopefully us! 🙂) can help with this step. It’s crucial to pinpoint the characteristics of the invention.

For me, this is the moment when inventors bring me a new toy, and I mentally take it apart (don’t worry, just in my mind!)—like dismantling a car or a LEGO® set—to analyze each component and its interactions.

At this stage, an optional but useful step is conducting a prior art search to determine what existed before, making it easier to define what makes your invention unique.

Step 2 – Preparing a Patent Application

✍️ This is the most crucial step. A patent has a very specific format with several key sections:

• A detailed description of the invention

• Figures with numerical references

• A description of the figures

• And… claims! (or ‘reivindicaciones’ in Spanish)

Claims are the heart and brain of the patent. They require meticulous attention 🚨—every word and comma matters, as they define the protection the patent grants. Drafting claims is a challenging task that takes years of training. If you reveal too much, your patent might not provide adequate protection.

The person drafting the claims must deeply understand the invention while ensuring that even a judge without technical expertise can interpret them correctly ⚖️.

A skilled patent engineer will ask many questions about your invention and business to ensure it is properly protected, along with possible alternatives and future developments—remember, a patent lasts up to 20 years ⏳.

➡️ At the European Patent Office (EPO), patents must be submitted in English, French, or German. At Hexagon iP, we are fully bilingual in English 🇬🇧 and French 🇫🇷, allowing us to draft patents directly in these EPO languages.

Step 3 – Filing the Patent Application

At Hexagon iP, we guide you to obtain the best protection with the best strategy and patent drafting, but we don’t grant patents—that’s the job of patent offices 🏛️, such as the OEPM (Spanish Patent and Trademark Office) or the EPO (European Patent Office).

The patent application we carefully prepared in Step 2 is then submitted to the patent office. The office will review it, primarily checking two things:

a. Whether the patent follows the required format
b. Whether the invention qualifies as patentable under patent laws (such as Spain’s Patent Law 24/2015 or the EPC in Europe)

At this stage, it is still just a patent application—not yet an actual patent. We frequently defend your application before the patent office to ensure you get the best protection possible. A lot happens in this stage, but we’ll cover it in detail in a future #iPWhistles episode—stay tuned!

Step 4 – Granting of the Patent 📜

Congratulations! 🎉 Now it’s an official patent! A patent gives you an exclusive monopoly—allowing you to prevent others from manufacturing, reproducing, importing, or using your invention ⚠️ as defined in the claims.

Step 5 – What Happens Next?

Your patent may face challenges like opposition or litigation ⚔️, but it could also live a peaceful life for up to 20 years 🎂🎉. If so, the only requirement is paying annual fees to keep it in force.

***

In Patents, as in Cooking…

Just like in cooking, when a client brings us premium ingredients, we cannot afford to ruin them with poor preparation. Your inventions are valuable, and at Hexagon iP , we know it.

We will protect your inventions with all our expertise and dedication.

Hexagon iP – Guardians of Your Creations.