8 Things to Know Before Filing a Patent Application

Why should you prepare before filing a patent application?

A patent application is a process with limited room to turn back. It is generally not possible to add new technical information to the application file afterward, and disclosing the invention before filing can destroy novelty. In other words, some mistakes are made before filing and cannot be corrected later. In this article, you will find eight items to check before moving on to the application.

1. Keep the invention confidential

One of the core criteria for a patent is novelty. If your invention was disclosed to the public in written, oral or visual form before the filing date, the novelty requirement may be damaged. The following disclosures are common mistakes:

• Showing the product at a trade fair, exhibition or competition,
• Sharing it on social media, a website or in a catalog,
• Publishing an academic article, thesis or presentation,
• Describing it to a potential investor, manufacturer or customer without a confidentiality agreement,
• Offering it for sale or for pre-order.

If you need to talk to third parties, first sign a written confidentiality agreement (NDA). Although this agreement alone does not guarantee protection, it matters in terms of trust and evidence.

2. Document the invention

Records showing how the invention came about both make it easier to prepare the application file and serve as evidence in any ownership disputes that may arise later. Keep the following in good order: dated notes and experiment records, sketches and technical drawings, photos of prototypes, test results and a list of the people who contributed to the work.

3. Carry out a prior art search

The way to find out whether your invention is new and original is to search whether similar solutions were already known. The search should not be limited to patent databases: academic publications, product catalogs, internet sources and similar products on the market can also count as "prior art." Three outcomes are possible: there is no similar solution and you move on to filing; a similar solution exists but the differences are clear, and the invention is redefined by focusing on those differences; or the solution is already known, and time and budget are directed to another area. Each of these three outcomes is valuable information to have before you pay any fees.

4. Clarify the rights holder and the inventor

Who will file the application and who will be named as inventors should be clear from the start. Care is needed in the following situations:

• Employee inventions: If the invention was made within the scope of an employment relationship, the sharing of rights between employer and employee is determined by the legislation and the contract.
• Partners and team members: If more than one person contributed to the invention, it is recommended to set out the rights and shares in writing.
• External consultant, freelancer or university: If outside support was used in the development, the contract should clearly address the rights to the invention.

Reopening this issue for dispute after filing costs both time and money.

5. Choose the right type of protection

A patent may not be the first thing that comes to mind for every technical idea. The options are: a patent, a utility model, an industrial design, a trademark, or keeping it as a trade secret. For solutions that are product-focused and need quick protection, a utility model; for products whose appearance alone is new, an industrial design registration may be more suitable. For the difference, see our article patent or utility model.

The trade secret option calls for a separate assessment: when a patent application is published, the content of the invention becomes public. If it is a method that a competitor could not reach through reverse engineering, keeping it secret can sometimes make more sense. However, if someone else independently develops the same invention and patents it while you are keeping it secret, a dispute may arise over your right to use it; this risk should also be taken into account.

6. Plan the budget and the timeline

The cost of a patent is not a one-time expense. The filing and examination fees, the work of preparing the file, correspondence during examination, and the annual fees payable for as long as the right remains in force make up the total budget. Current official amounts should be confirmed from the fee schedule published by the Turkish Patent and Trademark Office (TÜRKPATENT). On the timing side, you need to know that the patent process is long: an application is generally published after about 18 months, and examination proceeds in parallel with or after that.

7. Think about your plan for protection abroad from the start

A patent right is territorial. A patent obtained in Türkiye is not valid abroad. If protection abroad is a possibility, you need to know these two mechanisms: the 12-month priority period for patents under the Paris Convention, and targeting multiple countries with a single application through the PCT (Patent Cooperation Treaty). Under the PCT, entry into the national or regional phase is generally around the 30th month after the priority date; exact periods and conditions vary by country. If you miss the priority period, obtaining a patent for the same invention in other countries may become difficult.

8. Invest in the application file

The application file consists of the title, abstract, description, claims and, if necessary, drawings. The scope of protection is determined by the claims. Claims drafted too narrowly can be worked around, while those drafted too broadly can run into the prior art. The description must describe the invention completely and with enough clarity for others to carry it out. At this stage, working with an experienced patent attorney in the field reduces mistakes that are hard to correct later. We covered the process in outline in our article on what patent registration is and how it is done.

Common mistakes before filing

• Launching first, filing later: Filing after you have presented the product and put it on sale is the riskiest order in terms of novelty.
• Skipping the search: The assumption that "nothing like this exists" often proves wrong, and the fees paid go to waste.
• Leaving ownership for later: Uncertainty among partners or employees can turn into a dispute after filing.
• Forgetting the annual fees: Unpaid annual fees can cause the right to lapse.
• Fixating on a single type of protection: Different elements of a product can be protected together through a patent, a utility model, a design and a trademark.

What should you expect after filing?

After the application is filed, the process does not conclude right away. The Office carries out the formality examination, followed by the search and examination stages. During these stages, the Office may issue opinions; the applicant may need to respond or amend the claims. An application is generally published after about 18 months, and the content of the invention becomes public. Over this long period, you need to plan decisions from the start, such as whether to launch the product on the market and whether to file separate applications for further development.

Pre-filing checklist

Note: Filing a patent application does not mean a patent will be granted. The result depends on the Office's examination, and no amount of preparation provides a guarantee of a "certain outcome"; however, it strengthens the chance of a positive result.

Conclusion

The quality of a patent application depends largely on the preparation done before filing. Searching before you disclose the invention, clarifying ownership, choosing the right type of protection and putting the plan for protection abroad on the calendar are the most valuable steps in the process. If you would like a free pre-filing assessment for your invention, you can fill out our quote form and look at our patent registration service.