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A High-Level Guide to the Patent Application Process

Bringing an invention to life is exciting, but protecting it through a patent is just as crucial. Filing a patent may seem complex, but breaking it down into clear, structured steps makes it manageable. This guide walks you through the key stages—from checking whether your invention qualifies for a patent to the final decision of grant or rejection.

Step 1: Check If Your Invention Meets Patentability CriteriaStep 2: Decide Between a Provisional or Complete ApplicationStep 3: Choose Where to File (National vs. International)Step 4: Examination & PublicationStep 5: Decision – Grant or RejectionFinal Thoughts

Step 1: Check If Your Invention Meets Patentability Criteria

Before diving into the application process, assess whether your invention meets the following three key patentability requirements: 

  • Novelty – The invention must be new and not publicly disclosed before filing the patent application. However, some countries provide a limited grace period for specific types of disclosures that are made under certain legal exceptions.
  • Inventive Step (Non-Obviousness) – It must involve a technical advancement that is not obvious to experts in the field of the invention.
  • Industrial Applicability – The invention should be useful and capable of being made or used in an industry.

Additionally, ensure that your invention does not fall under non-patentable subject matter, which varies by country (e.g., laws of nature, abstract ideas, and certain software programs etc.).

Step 2: Decide Between a Provisional or Complete Application

Once you confirm that your invention is patentable, the next step is to decide whether to file:

  • Provisional Patent Application – If your invention is still in development, you can secure an early filing date by submitting a provisional application. This gives you 12 months to file a complete application while maintaining priority.
  • Complete (Non-Provisional) Patent Application – If your invention is fully developed, you can directly file a complete application, which undergoes formal examination. 

Filing a provisional application first can be a strategic move, as it allows additional time for research, funding, and market analysis before committing to a complete application.

Step 3: Choose Where to File (National vs. International)

A patent is territorial, meaning it is only valid in the country where it is granted. Therefore, you must decide:

  • National Filing – If protection is needed in a single country, apply directly to that country's patent office (e.g., Indian Patent Office (IPO), USPTO, or European Patent Office (EPO) etc.).
  • International Filing via the Paris Convention (Paris Convention for the Protection of Industrial Property, 1883) – If you plan to file in multiple countries, you can claim priority from the first filing within 12 months to file in other member countries.
  • Patent Cooperation Treaty (PCT) Application (WIPO, PCT Agreement, 1970) – The PCT system allows applicants to file a single international application that reserves their right to file in around 150 countries within 30/31 months from the first filing date.


💡 Choosing the right approach depends on your business strategy, market potential, and budget.

Step 4: Examination & Publication

Once you confirm that your invention is patentable, the next step is to decide whether to file:

  1. Formal Examination
    1. After filing, the patent office reviews the application for completeness and adherence to legal requirements.
    2. If you filed a provisional application, you must file the complete application within 12 months to proceed.
  3. Publication
    1. In most jurisdictions, the application is published 18 months after filing unless an early publication request is made.
    2. Competitors can review the application, and third parties may submit opposition in certain cases.
  5. Substantive Examination
    1. After publication, the applicant must request examination within a prescribed period.
    2. Patent examiners assess the invention’s novelty, inventive step, industrial applicability and other techno-legal aspects.
    3. An examination report (and examiner interview/hearing notice in some jurisdictions) is issued, detailing objections or concerns. The applicant must respond to these to move forward.

Step 5: Decision – Grant or Rejection

  1. Patent Grant
    1. If all objections are resolved and the invention meets patentability criteria, the patent office grants the patent, providing exclusive rights for 20 years.
  3. Patent Rejection or Opposition
    1. If the examiner finds significant issues with novelty, inventive step, or clarity, the application may be rejected unless the applicant successfully argues their case.
    2. Third parties can oppose the patent before or after grant, depending on the jurisdiction.


💡 Once granted, maintaining the patent requires periodic renewal fees, and the owner must ensure compliance with patent laws.

Final Thoughts

The patent application process requires careful planning—from ensuring your invention meets the criteria to selecting the right filing strategy. Whether you’re protecting an invention domestically or internationally, understanding each step helps maximize your chances of securing strong patent protection.

For detailed guidance on the patent filing process, consider referring to official patent office guidelines or seeking professional assistance to navigate the legal requirements effectively.​

📌 Disclaimer: This article is for general informational purposes only. While every effort has been made to ensure accuracy, readers should refer to official sources and consult professionals for specific guidance.