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Three patent mistakes to avoid

by | Sep 8, 2021 | Patent Law

The process of applying for a patent can be exciting but is filled with potential pitfalls that can derail your best-laid plans. By avoiding a few common mistakes, you can give yourself and your invention the best possible chance to succeed. Missteps in the process of establishing a patent include:

Going public too soon

Showing your invention in public before filing a patent application can be a game-breaking mistake. For one thing, potential competitors may seize upon the unprotected status of your invention and create their own version. Also, if you disclose your invention before applying for patent protection, you only have one year to file your application or else lose your patent rights. In many cases, the inventor is not even aware this clock is winding down and ends up missing this deadline.

Poorly worded language

When applying for a patent, an inventor (or the inventor’s attorney) must have a strong understanding of the invention’s design, use and applications so that he or she can describe it effectively. Vague language in a patent application can open the door for competitors to coopt the core ideas and tweak them in an attempt to create their own version and evade your patent.

Inadequate patent searches

A well-executed patent search gives you confidence that your invention is novel. As you conduct a search, keep in mind that your invention must be both original and non-obvious to qualify as patentable. In this context, originality means a one-of-a-kind idea that hasn’t been developed before. Non-obvious essentially means a person with ordinary skill and knowledge would not be able to come up with the same idea.

The United States Patent and Trademark Office (USPTO) provides a helpful list of resources for conducting patent searches, but it’s preferable to have an experienced intellectual property attorney do the search on your behalf.