A patent grants its owner a time-limited right to prevent others from using the protected invention. Whether to strengthen your competitive position, increase your company’s value, or serve as a marketing tool, effective patent protection gives you decisive advantages. Learn more about the requirements for filing a patent application, the examination procedure, and the options for international patent protection.
A granted patent gives you exclusive rights to exploit your technical invention and protects it against unauthorised imitation. You can decide how your patent is used and derive economic benefits from it—whether through in-house exploitation, licensing, or selling the patent.
Competitive advantage through patent protection
A patent not only protects your own technological innovation but also prevents competitors from entering the market segment you have created without your consent. Patents can also form the basis for cooperation, enabling the joint use of technologies and further strengthening innovative capacity.
Increasing the value of your company
A patent portfolio increases the value of your company, as patents are considered balance-sheet assets. Investors prefer companies with secured intellectual property because this provides long-term economic security.
Patents as a marketing tool
Patented products stand for innovation and quality. Many consumers associate patented products with outstanding technological performance. Labelling a product as “patented” or “patent pending” can strengthen trust in your product and improve its market position.
What can be patented? – Patentable inventions
A prerequisite for the grant of a patent is a technical invention, for example in the following fields:
With the continuous advancement of science, patent protection is constantly expanding to new technological fields.
For an invention to be patentable, it must meet legal and technical criteria. The German Patent and Trade Mark Office (DPMA) and the European Patent Office (EPO) examine whether the requirements for grant are fulfilled during the patent application procedure. A patent is granted if the invention is new, involves an inventive step, and is industrially applicable.
One of the most important conditions for granting a patent is novelty. This means that the subject matter of the patent must not have been publicly known before the filing date. An invention is considered not new if it has already been published or made publicly accessible anywhere in the world—whether through written descriptions, oral presentations, or other disclosures.
Examples of publications that may jeopardise the novelty of an invention include:
Publications in scientific journals
Presentations at specialist conferences
Products already available on the market or advertised
Patent applications filed in other countries (e.g. the USA or China)
Important: Even your own publication can be harmful. If an invention has already been disclosed within your company or through a press release, it may be considered prior art and therefore no longer novel under patent law.
A patent is granted only if the invention goes beyond the prior art and is not simply an obvious further development of existing technologies. This means that the innovation must not be obvious to a person skilled in the relevant technical field.
For an invention to be patentable, it must be industrially applicable. This means it must be practically usable and capable of being implemented in a technical field.
What is considered industrially applicable?
The invention can be used in industry, agriculture, or crafts.
It must be capable of being produced or used in practice- purely theoretical concepts or abstract ideas are not patentable.
Before filing a patent application, it is advisable to carry out a professional patent search to increase the chances of success.
A patent is territorially limited, meaning it only provides protection in the countries where it has been filed and granted. There is no worldwide patent; however, there are several strategic options for extending the scope of protection:
German patent – valid exclusively in Germany
European patent application (EPO) – protection in multiple European countries
International patent application (PCT procedure) – possibility to seek patent protection in more than 150 countries (e.g. the USA, China, India)
(International patent strategy – planning protection strategically)
Companies should decide at an early stage in which markets they want to protect their invention in the long term. A targeted patent strategy helps optimise costs and extend protection to the most economically important regions.
Geographical extension of patent protection does not have to take place immediately. Thanks to the 12-month priority right, patent applicants can first file a national application (e.g. in Germany) and then decide within one year whether to:
File a European or international patent application (PCT application)
File national patents in strategically important countries
This allows valuable time to choose the optimal protection route and strategically develop new markets.
An early national patent application is a smart first step to save costs while securing innovation protection. Companies then have 12 months to strategically decide in which countries an extension makes sense. The priority right ensures that the original filing date is retained—an essential advantage for flexible and cost-efficient patent expansion.
Within one year, companies receive an initial assessment of the patentability of their invention. This early evaluation enables informed decisions about possible international extensions and helps avoid unnecessary costs for worldwide filings if the invention proves insufficiently protectable.
Thanks to the priority right, companies can flexibly decide after the first examination whether and where to extend their patent protection. Options include:
A European patent application (EPO) for protection in several EU states
An international PCT application providing access to over 150 countries
National patent applications in strategically important markets such as the USA or China
Regardless of the chosen extension route, the original filing date remains valid and secures the full scope of protection.
The priority right gives companies valuable time to analyse which markets are most relevant for patent protection. This step-by-step extension helps deploy financial resources efficiently and expand worldwide protection in a targeted manner. An early national filing also ensures that the novelty of the invention is preserved—even if it is published in the meantime. Use the priority right for a targeted, cost-efficient protection strategy with options for European, international, or national patents.
Do you have questions about patents, trademarks, or designs? Schedule a 30-minute free initial consultation with our patent attorneys here.
