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From idea to exclusive right

In a series of blog posts, Marco Coolen offers a glimpse into his work as a Dutch and European patent attorney at AOMB.

Published on May 17, 2026

From idea to exclusive right

Marco, a patent attorney at AOMB since 2013, shares his expertise on IO+ about patents—how they work, why they matter, and when they lose their value.

As an entrepreneur, you have come up with something new. Not just a fleeting idea in the shower that disappears the next day, but a concrete concept that makes you think: this has potential. Maybe you already have a prototype. Maybe it already works in practice. Or maybe you simply see very clearly how a problem can be solved more intelligently.

At that moment, you should call a patent attorney as soon as possible, because you want to talk to someone who understands your technology. Someone who is used to looking at inventions and knows where the opportunities and pitfalls lie.

Marco Coolen, foto © Bart van Overbeeke

Marco Coolen, photo © Bart van Overbeeke

Confidentiality first

That conversation usually starts very openly. You explain what you have invented. How it works. Why it is better than what already exists. And where you think the value lies. Some entrepreneurs find that daunting, because they are sharing something that is not yet protected.

Fortunately, patent attorneys are bound by professional secrecy. Just like with a doctor or lawyer, everything you discuss remains confidential. That makes it possible to put the technology on the table without hesitation.

The first test: what already exists?

Then the real work begins. Together, you look at the substance of the invention. What is already known? Where is the difference? And is that difference significant enough to justify protection?

Often, this is followed by a novelty search. Existing patents and publications worldwide are examined. This can sometimes lead to surprising insights. Sometimes it turns out that your idea has been thought of before. Sometimes it turns out that your solution takes a slightly different, better route. And precisely that difference can form the basis for a patent.

The application

Once it becomes clear that there is sufficient distinction, the next step begins: the patent application. This describes precisely how the invention works. What the technical core is. And which variants are still covered by it. The aim is to protect not only the current product, but also the underlying idea.

The application is then filed.

The moment of silence

After filing, something remarkable happens: things go quiet for a while. The application is with the patent office and goes through a formal procedure. In the meantime, you can continue working on your product, your market, or your company. About eleven months later, the novelty report arrives. It states which existing publications are relevant and how your invention relates to them. Together with your patent attorney, you then take another look at the application. Does anything need to be tightened? Are any adjustments required?

The World of Patents
Series

The World of Patents

Every Sunday, Marco Coolen takes us into the world of patents and intellectual property.

From idea to right

From that moment on, you start making choices. In which countries do you want protection? How important is the technology to your company? And where do you expect competition to arise?

Slowly, an idea turns into something else. Alongside a technical solution, there is suddenly also an exclusive right. And that is ultimately what a patent is meant to do: create space to build a business around your innovation.