Learn how to avoid common mistakes when filing for a patent and protect your invention with confidence.
Utility patents protect useful inventions. In order to be entitled to patent protection, an application to the government is required. The application process is complicated, and can be a minefield for the unwary.
Mistakes in the patent application process can cost you time, money, and even the ability to protect your invention at all. The good news is that with careful preparation, many of these pitfalls are avoidable. By learning from the common mistakes others have made, you can safeguard your success and ensure that your invention receives the protection it deserves.
Let’s break down some missteps inventors can make when filing for patents—and how you can avoid them.
Mistake #1: Filing Your Application Too Late
Know Your Deadlines
In order to secure a patent on an invention, the application must be timely filed. So long as you keep your invention strictly secret and completely under wraps, you’re unlikely to trigger any filing deadlines by your own actions. Once you disclose your invention to others, however, you can start the clocks running.
Many inventors are eager to share their inventions, but revealing your invention too early can backfire. If you disclose it publicly before filing a patent application, you could jeopardize your eligibility for protection. Public disclosure includes showing your invention at trade shows, pitching it to potential investors, or sharing it online. It’s ideal to file your patent application before any public disclosure, if at all possible.
To protect your invention, avoid public disclosure until after you’ve filed your patent. If you must share it privately, use Non-Disclosure Agreements (NDAs) to protect your invention. NDAs legally bind the recipient to confidentiality, giving you an extra layer of security while you work through the process.
“Great Minds Think Alike”
Even where you’ve kept your own invention completely under wraps before filing, don’t forget the old saying, “great minds think alike.” Patent applications are evaluated on a “first to file” basis, and the world is full of clever, inventive people. If someone else has the same idea and files an application on the same or very similar invention before you get your application filed, you may be out of luck getting a patent on your invention.
Mistake #2: Filing a Poorly Written or Incomplete Invention Disclosure
The Dangers of Incomplete Patent Applications
A poorly written or incomplete patent application is one of the top reasons applications are delayed or rejected. The Patent Laws expressly require that the patent application include “a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains…” As a general matter, you cannot add technical details to an application after filing. In other words, if the application doesn’t clearly and fully describe the invention in detail, it could be rejected.
Best Practices for Writing a Strong Patent Application
A patent application should be both broad and precise. The description should include as many details as possible, covering every aspect of the invention, from its purpose to how it functions. The use of generalized language is appropriate in certain areas, but generalized language should be coupled with specific examples, in order to ensure that the basis for every claimed element is clear and defensible. An experienced patent attorney can make a significant difference here, with the knowledge and skill to draft applications meeting the USPTO’s stringent requirements, reducing the risk of rejection due to poor documentation.
Mistake #3: Missing Deadlines
Key Deadlines to Track During the Patent Process
The patent process is full of deadlines, and missing even one can have severe consequences. They’re called “deadlines” for a reason. As noted above, there are filing deadlines that can apply based on public disclosures. Once the application is filed, there will be a continuous course of correspondence from the U.S. Patent and Trademark Office (USPTO) relating to the application. Nearly all correspondence from the USPTO will have a response deadline. Failure to respond to the correspondence by the deadline will often result in abandonment of your application.
Avoiding Costly Lapses
Because of the complexity involved, and the consequences of failing to act timely, many inventors choose to work with a patent attorney to ensure they never miss an important deadline. Most reputable patent firms use specialized software to monitor all deadlines for the cases they are managing. As noted above, missing a deadline could result in losing your patent protection entirely.
Conclusion: Secure Your Patent Success by Avoiding These Common Mistakes
Securing a patent is a detailed, multi-step process that requires careful attention to detail. By avoiding these common mistakes—such as filing an incomplete application, or missing critical deadlines—you increase your chances of successfully securing patent protection for your invention.
Call to action: To ensure the success of your patent application, consider consulting with Dallas patent attorney Ken Emanuelson. Ken is a Registered Patent Attorney and the Emanuelson Firm’s expertise can save you from costly errors and help you navigate the patent process with confidence. Contact The Emanuelson Firm today!
