Your patent application is a foundation which must not crack

A strong patent application increases the probability of obtaining a patent on your idea significantly and makes up the foundation of your future business opportunities.

The drafting of your patent application is decisive, and the more knowledge you have about patent legislation and the market, in which you operate, the easier it is for you to draft a successful patent application.

Plougmann Vingtoft’s patent attorneys can help you draft your patent application and make sure it meets all the legal and patent-technical requirements. Further, they can help ensure that the application is robust in case competitors, who intend to invalidate or limit the scope of protection of your patent, should challenge it.

Do not hesitate to reach out to our experts, if you are curious to know more.

Requirements of a patent application

The trademark protects your brand, design protection is about getting exclusive rights to the look of your product, and the patent protects technical functionalities of a product.

The overall principle is that you will only be able to obtain a patent on an invention if it is:

  1. new (novelty)
  2. differs significantly from already known inventions (inventive step)
  3. can be used industrially (industrial applicability)

If you are unsure whether your invention meets these criteria, Plougmann Vingtoft’s patent attorneys can help you identify your options through novelty searches or patentability assessments prior to drafting the patent application.

Like building a house

No one wants to build a house on a foundation with cracks and the same applies when you draft a patent application. The patent application has to contain as much relevant information about the invention as possible, including documentation of how the inventions works, drawings, and the scope of use.

Before filing the patent application, you should therefore consider what the invention can be used for – also within areas where you yourself are not active – and you should generate data, which shows that the invention works and how the invention works.

We highly recommend firms to draft their patent applications in cooperation with patent professionals that are able to ask the right questions.

Cover all strategically relevant markets

From a business perspective, a good patent application is an application that covers all the strategically relevant markets.

Strategically relevant markets refer to countries in which you intend to use the invention now or in the future. Use covers both production, sale and marketing of the invention. Strategically relevant markets also include countries where competitors already or might start to manufacture, sell or market competing technologies.

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