Patents 101 – A Quick & Dirty Guide for SMEs
- katherinettaylor
- Feb 15
- 2 min read
Updated: Feb 22
Got an Idea? Protect It!
Step 1: Check If It’s Already Out There
Before you even think about patents, make sure no one else has had the same idea. This is called a prior art search (aka novelty search).
✔ Google it.
✔ Check patent databases.
✔ Scroll through TikTok (seriously—if it’s public, it can’t be patented).
If someone else got there first, it's pretty much game over.**
Step 2: File a Provisional Patent (aka a 12-Month Placeholder)
🚨 A provisional patent is NOT enforceable.
✔ It doesn’t protect your idea.
✔ It isn’t reviewed or approved.
✔ It’s just a timestamp—saying you had the idea on this date.
💡 Pro tip: Use this 12 months to test your idea—shout about it, see if there’s demand, and check if anyone challenges it.
Step 3: Decide Where to Protect It
🔹 Want global protection? File a PCT patent (gives you 18 more months to decide which countries to protect it in).
🔹 Just protecting it at home? You can skip the PCT step and go straight from a provisional patent to a national patent with your country’s IP office.
Step 4: PCT Patent – Extending Your Options
🚨 Still not enforceable (yet).
Even at this stage, it’s just keeping your options open internationally.
✔ Covers 155 countries under the PCT (Patent Cooperation Treaty).
✔ Requires an International Search Report (ISR) to check novelty.
At the 30-month mark (12 months provisional + 18 months PCT), you must decide which countries to fully patent in.
🔹 More countries = more $$$$
Step 5: National Phase = Enforceable Patent
After 30 months, you file in individual countries where you want protection. At this point, your patent can be enforced.
🔹 No turning back after this stage—now comes the joy of fighting off copycats if you're successful!
Patent Expiry Dates by Jurisdiction
Standard patent terms across major jurisdictions:
Jurisdiction | Standard Term | Extensions |
Australia (AU) | 20 years from filing | Up to 25 years for pharmaceuticals |
United States (US) | 20 years from earliest filing date | Possible extensions for regulatory delays |
European Patent (EP) | 20 years from filing | Up to 5 years for pharmaceuticals (SPC) |
Japan (JP) | 20 years from filing | Up to 5 years for regulatory delays |
China (CN) | 20 years for invention patents | - |
Important Notes:
Terms are generally counted from the filing date of the patent application.
Maintenance or renewal fees must be paid to keep patents in force.
Some jurisdictions offer different terms for different types of patents (e.g., utility vs. design patents).
** If you were the one who disclosed it, some jurisdictions still allow you to apply for a patent—but not in the EU!
United States, Canada, Australia, Japan: Typically offer a 12-month grace period where you can still file after public disclosure.
Europe (EP): No grace period! Public disclosure before filing = no patent.
Warning: Using the grace period is risky. If someone else files first or the disclosure is considered prior art, it can complicate or block your application. Best practice? File a provisional patent before disclosing anything!
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