Founders in the US, UK and Europe ask the same patent questions again and again in online forums: what to file first, what it costs, whether software counts, and what happens if they have already launched. This page answers the most common ones in plain English.
The answers are written by PRASA IP's patent team, which includes in-house USPTO-registered and EPO-qualified patent attorneys and registered Indian patent agents. They are general information, not legal advice for your situation; patent rights depend on the facts, the dates and the countries involved.
On this page
- Filing strategy
- Cost and budget
- Software and AI
- Disclosure and timing
- Working with a firm outside your country
- Ownership and doing it yourself
Filing strategy
Should I file a provisional application first?
Usually yes, if you need a filing date quickly and the product is still changing. A US provisional application secures a priority date for 12 months, and it costs far less than a full application. The catch: it only protects what it actually describes. A one-page sketch gives you a date for very little. Write it as close to a full specification as you can, with drawings and every variation you can think of.
Which country should I file in first?
Normally the country where the invention was made, and for most US founders that means the USPTO. The US and India both restrict filing abroad first. An invention made in the US needs a USPTO foreign filing licence before it is filed abroad, unless a US application was filed at least six months earlier. An Indian resident needs permission, or an Indian application filed at least six weeks earlier, under section 39 of the Patents Act. If inventors sit in both countries, plan the first filing before anyone files.
What is a PCT application, and do I need one?
A PCT application is a single international filing that keeps your options open in more than 150 countries. You file it within 12 months of your first application. It does not give you a worldwide patent: you still enter each country (the national phase) at around 30 or 31 months from your first filing date. Its value is time. You get roughly 18 more months to raise money and test the market before you pay for each country. Our guide on when to file a PCT application explains when it saves money.
Which countries should I protect in?
Pick the places where you sell, where competitors manufacture, and where an acquirer or licensee would care. For most technology startups that is the US first, then Europe through the EPO, then a short list such as the UK, China, Japan, Korea or India. Covering every country is rarely worth it. Covering the two or three markets that make up most of your revenue usually is.
Cost and budget
How much does a patent really cost?
Official fees are the smaller part. Most of the cost is professional time: drafting the application, then answering the examiner's objections, often two or three rounds of them. A US patent taken from filing to grant typically runs into five figures in US dollars, and protection in several countries multiplies that. Spreading the spend over three to five years is normal, because each stage is paid when it falls due. See our patent filing cost comparison for India, the US and Europe.
Is there a cheaper way to do it?
Yes, without cutting quality where it matters:
- Use the fee discounts you qualify for. The USPTO cuts most fees by 60% for small entities and 80% for micro entities. In India, startups recognised by DPIIT pay reduced official fees and can ask for expedited examination.
- Spend on drafting, save elsewhere. A well-drafted first application avoids paying twice later. Searches, formalities and docketing can be done more efficiently.
- Use the PCT to delay costs while you find out which markets matter.
- Work with a team that has lower overheads. Firms like ours draft and prosecute from India, with US and European filings handled by our in-house USPTO-registered and EPO-qualified patent attorneys. The same work can cost much less than a large US or European firm charges.
More ideas are in our note on protecting IP on a startup budget.
Is a $199 provisional worth it?
Rarely. A provisional is only as good as its description. If it leaves out the features you later claim, those features get no benefit from the early date. A cheap filing can be worse than none, because it creates false confidence. Pay for a proper description, or at least have a patent professional review what you wrote before you file it.
Software and AI
Can I patent software or an AI model?
Often yes, but not the code or the idea alone. Every major office asks what the software actually does technically:
- United States: claims must not be directed to an abstract idea. If they are, they need an inventive concept beyond it (the Alice test). Claims tied to a specific technical improvement, such as faster processing, less memory or better security, fare best.
- Europe (EPO) and the UK: a computer program “as such” is excluded. An invention that produces a further technical effect is patentable, though the UK applies its own test.
- India: section 3(k) excludes a “computer programme per se”. Inventions with a technical contribution, especially those tied to hardware or a technical process, can be patented.
For recent US practice, read our note on US patent eligibility declarations.
What about AI inventions specifically?
Protect the technical method, not the business outcome. Strong AI applications describe a specific training method, model architecture or data pipeline, and the measurable technical result it produces. An application that says “use machine learning to predict X” is weak everywhere. Also note: in the US, UK and Europe, a person must be named as inventor; an AI system cannot be. Our article on AI patent examination guidelines in India covers the Indian approach.
Disclosure and timing
I already launched, demoed or published it. Can I still get a patent?
Possibly in the US, probably not in Europe. The rules differ by country:
| Where | Grace period for your own disclosure |
|---|---|
| United States | 12 months from your own public disclosure |
| Europe (EPO) and UK | Effectively none; only narrow exceptions (abuse, certain official exhibitions) |
| India | Limited to specific cases, such as notified exhibitions or papers read before a learned society |
If you have disclosed, act fast and file in the US before the 12 months run out. Assume Europe is lost for whatever you showed, though later improvements can still be protected.
Does an NDA protect me if I show investors?
Yes, a confidential disclosure under an NDA is not a public disclosure. Many investors will not sign one, though. The safer order is to file first and pitch second. A provisional filed before the pitch gives you a date, and then you can talk freely.
How long does it take to get a patent granted?
Typically two to four years in the US and three to five at the EPO, depending on the technology. Most offices offer fast tracks. The USPTO has prioritised examination for an extra fee, and India offers expedited examination to startups and some other applicants.
Working with a firm outside your country
Can a US, UK or European company use a patent firm based in India?
Yes, and many already do, for drafting, searches, prosecution support and patent analytics. What matters is who signs and files before each office. US filings and USPTO responses must come from a USPTO-registered practitioner. EPO work needs a professional representative before the EPO for non-European applicants. At PRASA IP those filings are handled by our in-house USPTO-registered and EPO-qualified patent attorneys. We also have in-house counsel for Singapore, Indonesia, Malaysia, South Africa and the UAE. You deal with one team instead of a chain of agents. See our international patent support.
Is the quality the same?
It depends on the people, not the postcode. Ask who will actually draft your application and what their technical background is. Ask for redacted samples of granted claims in your field, and how many rounds of examiner objections their applications usually need. A good firm answers all three without hesitation.
Is my invention safe if I send it abroad?
Use the same safeguards you would at home: an engagement letter with confidentiality terms and secure file transfer. Check export-control rules first. A US-made invention needs a foreign filing licence before it is sent abroad for filing, and some technologies (defence, encryption, dual-use) carry extra export restrictions.
Ownership and doing it yourself
Can I file a patent myself?
You can file a provisional yourself, and some founders do. The risks come later. Claims and examiner responses decide what your patent actually covers, and that is where self-drafted applications usually go wrong. Middle ground: draft the technical description yourself, then pay a professional to review it and write the claims. Our step-by-step patent filing guide shows each stage.
My co-founder, contractor or university helped. Who owns the invention?
Whoever contributed to the claimed invention is an inventor. Ownership follows the contracts: an employment agreement, a contractor agreement or a written assignment. Without a signed assignment, a contractor can keep rights in what they invented, even if you paid for it. Get assignments signed before you file. Investors check this in due diligence, and gaps are expensive to fix later.
Do patents help with fundraising?
They can. A filed application shows investors you own something defensible, and it gives a buyer something to acquire. Investors look at quality more than numbers: one well-drafted application covering your core product counts for more than five thin ones.
Have a question that is not here? Send it to our patent team and we will tell you what applies to your invention and your markets.