Patent Basics: How to Protect Your Invention

A patent is a key tool for turning an invention into something you can control, license, or commercialize. Rainer Osterwalder from the European Patent Office explains patent basics: what patents protect, when to file, and how the European process works.

Patents can seem intimidating from the outside, yet they’re a key tool for turning an invention into something you can control, license, or commercialize. In this interview, host Stuart Cording talks with Rainer Osterwalder from the European Patent Office (EPO) about the fundamentals: what patents actually cover, how the application process works, and what inventors should think about before filing.

What Are Patents?

Osterwalder describes a patent as a legal title that protects a technical teaching — a specific technical solution to a technical problem. Beyond the legal function, patents form a large body of disclosed engineering knowledge. Tracking patent activity in your field can reveal who’s working on what and where the trends are heading.

How the Application Process Works

A European patent application starts with a formal filing that sets the all-important date from which the 20-year term is calculated. Examiners then perform a novelty search using global databases and literature to determine whether the invention is new and involves an inventive step. After 18 months, the application and search report are published.

Why Early Filing Matters

Timing is critical. Disclosing an invention publicly before filing — at a trade show, in a paper, or even in an informal presentation — can destroy novelty and make patent protection impossible. Startups are particularly vulnerable here, and Osterwalder recommends speaking with a patent attorney early to avoid procedural mistakes and premature disclosure.

Strategy for Small Teams and Startups

Patents aren’t only defensive tools. For smaller companies, they can attract investors, enable licensing deals, or provide the basis for collaboration with larger industry players. The important thing is having a clear strategy rather than filing simply because it seems like the correct next step.