The 90-day patent checklist for founders

Introduction

Ninety days is enough time to go from "we have not thought about patents" to "we have a pending application with a secured priority date." Most founders delay for months on what is essentially a three-month job.

The assumption here is that you are starting from zero today, have a technical product, and want a priority date secured within 90 days. This checklist breaks the timeline into three 30-day blocks.

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Days 1-30: Decide whether to file

Week 1: internal assessment

Before engaging any external help, spend a few hours getting clear internally.

• Write a one-page technical description of what the product does. Focus on mechanism, not marketing. What is the core technical innovation? Assume you are writing for another engineer.
• List every time the invention has been shown publicly: demo days, conference talks, blog posts, social media, pitch meetings without NDAs. This is your disclosure map. If the list is empty, you are in the best possible position.
• Identify the two or three founders or employees who contributed technically to the invention. These are the likely named inventors.
• Check that the IP is owned by the company. If any of the technical work was done before the company was incorporated, or by a contractor without an assignment clause, flag it now.

Week 2: patentability check

Run the free ptntpwr patentability test. It takes under two minutes and gives an honest first signal on whether the invention is patentable. A positive signal doesn't guarantee a granted patent; a negative signal doesn't mean the invention is worthless. But it tells you whether to invest further time in this direction.

If the signal is positive, move to week 3. If it is ambiguous, schedule a free consultation with a patent attorney to talk through the specific reasons.

Week 3: strategic decision

Decide, with your co-founders and board if relevant:

• Are we filing? The default answer should be yes for any technical product with a positive patentability signal.
• Which geographies matter? For most European startups, start with an EPO filing; PCT can follow at month 12 if international coverage becomes important.
• What is the budget? Traditional firm (€5,000-€9,000 for filing) vs. platform (€2,000-€4,000).
• Who owns the relationship internally? One founder or employee should be the patent point of contact. Shared ownership produces delays.

Week 4: engage the drafting process

By end of week 4, start the formal drafting process: either on a platform wizard or with a traditional attorney. This is the action that moves the timeline from "planning" to "in progress".

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Days 31-60: Capture and refine the invention

Week 5: complete the invention disclosure

The drafting process starts with a structured description of the invention. Platforms use a wizard; traditional firms use a kick-off meeting. Either way, the goal is to capture:

• What the invention is technically.
• What problem it solves.
• How it differs from existing solutions.
• Alternative versions and variations (these become fall-back claims if the main claim is rejected).
• Any drawings or diagrams that help explain the mechanism.

Block a focused half-day for this. Half-attention disclosure produces weak applications.

Week 6: prior-art review

The platform or attorney runs a prior-art search against existing patents and publications. You will usually see a short report identifying the closest existing work. This is not a rejection. It is a map. Your attorney uses it to sharpen the claims and distinguish your invention from what already exists.

Week 7: first draft

By end of week 7, you should receive a first draft of the application. Expect it to include: a title, an abstract, a background section, a detailed description, claims (the legally critical part), and drawings. Read it carefully. The claims are what actually define what you own.

Week 8: feedback and revision

Give detailed feedback on the draft:

• Does the description accurately reflect how your invention works?
• Are there any important variations missing?
• Do the claims cover what you actually care about protecting?
• Are there obvious workarounds a competitor could use to avoid the claims?

This is the step founders are most tempted to rush. Do not. The claims as filed are the claims you own. Changes after filing are possible but constrained.

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Days 61-90: File and follow through

Week 9: final revisions and sign-off

Second draft back from the attorney. This round normally resolves almost everything. Sign off on the final version. The attorney prepares filing documents.

Week 10: file

The application is filed at the EPO (or another office depending on strategy). You receive a filing receipt and an application number. This is the priority date. From this moment, you have legal priority over anyone else filing the same invention worldwide, for the next 12 months.

Weeks 11-12: administrative follow-through

• Update investor materials to reflect the pending application. "Patent pending" is legally meaningful and investors care.
• Brief your team on what has been filed. Inventors must be named accurately.
• Store filing receipts somewhere other founders can find if you are not available.
• Note the key dates: the 12-month priority window (deadline for PCT or international extensions) and the EPO search report (usually arrives a few months after filing).

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The four reasons 90-day timelines fail

Ninety-day timelines fail for four reasons, all preventable:

• Delayed decision at week 3: founders keep deciding whether to file instead of deciding. Use the patentability test result as a forcing function.
• Rushed disclosure at week 5: the disclosure session gets an hour of divided attention and the application reflects that. Block a proper half-day.
• Slow feedback at week 8: the attorney sends the draft and it sits in a founder inbox for ten days. This is where timelines slip most often.
• Scope creep: "let's include the other invention too" at week 9. The right answer is: file what we have, then file a separate application for the second invention.

Ninety days from zero to filed is an ordinary pace. Most of the actual work is concentrated in four focused sessions across three months. The delays that push filings to six or twelve months are almost always decision-stage delays, not execution-stage delays. Once the decision is made, the process moves.

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Conclusion

Ninety days from zero to filed is an ordinary pace. Most of the actual work is concentrated in four focused sessions across three months. The delays that push filings to six or twelve months are almost always decision-stage delays, not execution-stage delays. Once the decision's made, the process moves.

Start week 1 today. Run the free patentability test.

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Frequently asked questions

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How long does it take to file a patent from scratch?

On a platform like ptntpwr, the process from starting the wizard to filing typically takes two to three weeks. Through a traditional patent firm, the same process usually takes two to four months due to scheduling and sequential review cycles. In both cases, the attorney work involved is similar. The difference is how efficiently the process is organised around the founder's time.

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What information do I need to start a patent application?

You need a clear description of what your invention does technically, what problem it solves, how it differs from existing solutions, and any alternative versions or variations. You do not need formal drawings at the outset, though diagrams help. You also need to identify who contributed technically to the invention, as these individuals are the named inventors on the application.

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What happens if I miss the 12-month priority deadline?

If you miss the 12-month priority window without filing a PCT or direct national application, your international options effectively close. You lose the ability to claim your original filing date in other countries. In some jurisdictions, limited restoration is possible, but the conditions are strict and not guaranteed. Missing this deadline is one of the most consequential and avoidable mistakes in patent management.

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Can I file a patent myself without an attorney?

Technically yes, but it is not advisable. The claims section of a patent application, which defines exactly what you legally own, requires specialist drafting skill. A poorly drafted claim is easy for a competitor to design around, leaving you with a patent that provides little real protection. Using a qualified European patent attorney, whether through a traditional firm or a platform like ptntpwr, ensures the application is fit for purpose.