First Patent Application Guide: From Invention to Patent Filing

1. What Should You Do Before Filing a Patent Application?

The first priority is to identify precisely what has been invented and how it differs from existing technology.

An invention disclosure should explain not only what the product or process does, but also how it achieves its intended technical result.

Before filing, applicants should consider:

• What technical problem does the invention address?
• How is that problem currently solved?
• Which technical features distinguish the invention from existing solutions?
• What technical advantages result from those features?
• Which features are essential and which are optional?
• Are alternative implementations possible?

These questions help identify the technical contribution that may form the basis of the patent claims.

Avoid premature public disclosure

Public disclosure before filing can seriously affect patentability.

Examples include publishing a scientific paper, presenting an invention at a conference, demonstrating it at an exhibition, publishing technical information online or offering a product for sale.

Although certain jurisdictions provide limited exceptions or grace periods, applicants should not assume that such exceptions will preserve patent rights internationally.

As a general precaution, confidential technical information should be protected until an appropriate filing strategy has been implemented.

2. Is Your Invention Patentable?

Patentability requirements differ between jurisdictions, but three fundamental requirements are widely recognised.

Novelty

An invention must be new in relation to the relevant state of the art.

Under the European Patent Convention (EPC), the state of the art generally includes information made available to the public anywhere in the world before the relevant filing or priority date.

A disclosure does not need to be contained in an earlier patent application to be relevant.

Scientific publications, product manuals, websites, public demonstrations and other publicly accessible information may also form part of the state of the art.

Inventive step

An invention must not be obvious to a person skilled in the relevant technical field in view of the prior art.

Before the European Patent Office (EPO), inventive step is generally assessed using the problem-solution approach.

This involves identifying the closest prior art, determining the distinguishing features and their technical effects, formulating the objective technical problem and considering whether the claimed solution would have been obvious.

Industrial applicability

The invention must be capable of being made or used in an industry, including agriculture.

The invention must also fall within patent-eligible subject matter and satisfy the applicable disclosure and claim requirements.

A technically useful or commercially successful product is not automatically patentable.

3. Should You Conduct a Prior-Art Search?

A prior-art search can help identify earlier technical disclosures relevant to novelty and inventive step.

Patent databases, scientific literature and other publicly available technical sources may be examined.

A search may help applicants:

• Identify similar inventions.
• Understand the existing technical solutions.
• Recognise potentially distinguishing features.
• Improve the technical description.
• Develop more realistic claim strategies.
• Avoid unnecessary expenditure on inventions with limited patent prospects.

However, no search can guarantee that all relevant prior art has been identified.

Some patent applications may not yet have been published, and relevant technical information may be difficult to locate.

Patentability and freedom to operate are different

A patentability search assesses whether an invention may qualify for patent protection.

A freedom-to-operate analysis examines whether commercial activities may fall within the scope of enforceable third-party patent rights in relevant jurisdictions.

An invention may be patentable while its commercial implementation still raises infringement risks.

These two questions should therefore be evaluated separately. See also our opinions and disputes services and Turkish patent search guidance.

4. How Should You Describe Your Invention?

The technical disclosure is one of the most important elements of a patent application.

A patent application should describe the invention sufficiently clearly and completely to enable a person skilled in the art to carry it out.

For European patent applications, this requirement is reflected in Article 83 EPC.

A useful invention disclosure generally includes:

Technical field

Identify the technical area to which the invention belongs.

Background technology

Describe existing approaches and the technical difficulties they present.

Technical problem

Explain the technical issue addressed by the invention.

Proposed technical solution

Describe the components, operations and relationships that provide the solution.

Technical effects and advantages

Explain how the distinguishing technical features produce the intended technical effects.

Detailed embodiments

Provide examples of implementations, including variations where appropriate.

Drawings and reference signs

Include figures that help explain the structure, operation or relationships between technical features.

Alternative implementations

Describe technically meaningful alternatives that may support broader protection.

The description should not be limited to a single commercial prototype if the invention can be implemented more broadly.

At the same time, the application should not make unsupported claims about technical effects or alternative embodiments. See our patent drafting and prosecution approach.

5. Why Are Patent Claims So Important?

Patent claims define the subject matter for which protection is sought.

The description explains the invention, but the claims establish the legal boundaries of the requested protection.

A patent application typically contains one or more independent claims and a number of dependent claims.

Independent claims

An independent claim defines the invention through a combination of technical features.

It should include the features necessary to distinguish and characterise the claimed technical solution, without introducing unnecessary restrictions.

Dependent claims

Dependent claims introduce additional features that further limit the claimed subject matter.

They may provide fallback positions during examination and protect commercially important implementations.

Example: Avoiding unnecessary limitations

Suppose an invention concerns a mechanical locking mechanism that can operate with different types of resilient members.

If the technical contribution does not depend specifically on a coil spring, limiting the independent claim to a coil spring may unnecessarily restrict protection.

A broader formulation referring to a resilient member may be appropriate if it is supported by the original disclosure and distinguishes the invention from the prior art.

The specific coil-spring implementation can then be included in a dependent claim.

The appropriate wording depends on the invention and the relevant prior art.

6. Why Must the First Application Be Prepared Carefully?

The first application may establish the priority date for subsequent patent filings.

Under the Paris Convention, applicants generally have 12 months from the first filing to submit subsequent patent applications claiming priority for the same invention.

However, priority protection does not automatically extend to technical subject matter introduced for the first time in a later application.

For European patent practice, the entitlement to priority for particular claimed subject matter depends on whether that subject matter is directly and unambiguously disclosed in the earlier application, considered as a whole.

This makes the quality of the first technical disclosure particularly important.

Adding new technical information later

Under Article 123(2) EPC, a European patent application or patent may not be amended to contain subject matter extending beyond the content of the application as originally filed.

Consequently, applicants should not assume that missing technical details can simply be added during examination.

A carefully prepared initial application should include sufficient technical detail, alternatives and embodiments to support the intended claim strategy.

7. Where Should You File Your First Patent Application?

The appropriate filing route depends on the applicant’s commercial objectives, intended markets, budget and applicable legal requirements.

Potential routes include:

National patent application

A national application is filed with the patent office of a particular country.

For inventions intended primarily for the Turkish market, a Turkish national patent application may form part of the strategy. See our patent practice in Türkiye.

European patent application

A European patent application is examined centrally before the EPO.

This route may be appropriate when protection is sought in several European countries.

Türkiye is a contracting state to the EPC, although it is not a member of the European Union. See our European patent practice.

International PCT application

A PCT application provides an international filing framework through which protection may subsequently be pursued in national or regional phases.

The PCT procedure does not itself result in the grant of an international patent.

The filing route should be selected based on the specific invention and the applicant’s commercial plans.

For a detailed comparison, consult our European Patent, PCT or National Patent Application Guide.

8. What Happens After Filing?

The procedural stages depend on the jurisdiction and filing route.

A typical patent prosecution process may involve:

1. Filing of the application and allocation of a filing date.
2. Formal examination.
3. Search and identification of relevant prior art.
4. Publication of the application.
5. Substantive examination, where applicable.
6. Responses to examination reports.
7. Amendments to the claims or description, where appropriate.
8. Grant or refusal.
9. Post-grant formalities and maintenance.

Patent applications are commonly published approximately 18 months after the earliest claimed priority date, subject to applicable rules and exceptions.

During examination, an examiner may raise objections concerning novelty, inventive step, clarity, sufficiency of disclosure or other legal requirements.

Responses may involve technical arguments, amendments or both.

The original application must provide an adequate basis for any amendments.

9. How Much Does a First Patent Application Cost?

The total cost depends on the technical complexity of the invention, the filing route, the number of jurisdictions and the professional services required.

A realistic budget should distinguish between:

• Preparation of the patent specification and claims.
• Patentability searches and technical assessments.
• Official filing and search fees.
• Translation requirements.
• Examination and prosecution costs.
• National or regional phase entry costs.
• Grant and validation expenses.
• Renewal and maintenance fees.

The initial filing cost represents only one part of the potential lifetime cost of a patent portfolio.

Applicants should consider not only how much the first application will cost, but also the likely expenditure required to obtain and maintain protection in commercially important jurisdictions. See also our cost efficiency guidance.

10. Common Mistakes in First Patent Applications

Filing an incomplete technical disclosure

An application that omits essential technical information may create difficulties that cannot be corrected later.

Disclosing the invention before filing

Public disclosure may destroy novelty or limit the available protection options.

Describing only one embodiment

An application limited to a specific prototype may provide insufficient support for broader claims.

Including unnecessary limitations in independent claims

Overly narrow claims may allow competitors to develop alternative implementations outside the scope of protection.

Claiming results rather than technical solutions

A claim directed merely to a desired result may fail to define the technical features that achieve it.

Confusing patentability with commercial freedom

Obtaining a patent does not necessarily establish the right to manufacture or sell a product without infringing third-party rights.

Neglecting international filing deadlines

Missing a priority or national phase deadline can result in the loss of important filing opportunities.

These risks can often be reduced through appropriate preparation and early professional advice.

11. First Patent Application Checklist

Before proceeding with a first patent filing, applicants should ideally have:

• A clear explanation of the invention and its technical purpose.
• A description of existing solutions and their limitations.
• Identification of the essential distinguishing technical features.
• Drawings, diagrams or flowcharts where useful.
• Examples demonstrating how the invention operates.
• Information about possible alternative implementations.
• Available experimental results or simulations.
• Details of any previous public disclosures.
• Identification of the inventors and the intended applicant.
• An initial list of countries where protection may be commercially relevant.

For complex inventions, additional technical documentation may be required.

A structured invention disclosure can make the drafting process more efficient and help identify potential legal or technical issues before filing.

12. How Stan Advoka Can Assist

Stan Advoka provides patent drafting, filing and prosecution services for inventors, start-ups, research institutions and companies.

Our approach focuses on understanding the technical contribution before determining the appropriate scope of patent protection.

Depending on the invention and the applicant’s objectives, our services may include:

• Initial invention assessment.
• Prior-art and patentability analysis.
• Identification of the technical contribution.
• Preparation of patent descriptions and claims.
• Development of independent and dependent claim strategies.
• Preparation of drawings and technical embodiments.
• European patent filing and prosecution.
• PCT and international filing coordination.
• Responses to examination objections.
• Strategic management of filing deadlines and costs.

For inventions involving software or artificial intelligence, additional consideration may be given to the technical-character and inventive-step requirements applied by the EPO. See our Software and Artificial Intelligence Patent Guide.

Contact Stan Advoka to discuss the preparation of your first patent application and the filing strategy most appropriate for your invention.

Applicants are encouraged to avoid unnecessary public disclosure before obtaining appropriate advice.