Each year, the U.S. Patent and Trademark Office typically processes well-over 600,000 patent applications. On average, only 55 percent of applications get submitted receive patents. The patent application process is by no means easy or straightforward. Even inventors and businesses that take a well-researched and thorough shot at registering a patent can run into unforeseen issues.
At GloberDesign, we understand the need for patents and protecting your invention. Our complete patent services cover all the bases when it comes to patenting an idea. Using certified Patent Agents and Attorneys to handle all of our patent submissions, you can rest assured that you will save precious time, money and rights, while avoiding the following common pitfalls many inventors face when creating and submitting patent applications.
Most Common Patent Application Mistakes
Failure To Initially Develop The Invention
One of the most common mistakes our product design and development company sees is that inventors fail to complete research and development of their idea or product prior to patenting it. This would be like purchasing a couch or piece of furniture for your home before known the proper measurements and available space in your home — the likely scenario would be that you buy the piece that you want, but one that will not fit properly in your space. Without patenting your invention or idea, you may have created a blunder that prevents you from patenting the final version of the product, as any of the prior claims would curb your current claims.
Therefore, it is essential to do at least the design and manufacturing portions of your product development to ensure that your patent is very close to the product which will eventually be placed on the market.
Selling On The Market Too Early
For those pursuing a patent for their product, the one-year rule is an important law to be mindful of. The law gives inventors a year (12 months) to file a provisional or non-provisional patent application after the first sale has been offered. This means if you do a small manufacturing run and decide to create an online ad offering the product for pre-sale, you have 12 months from when that ad is launched to obtain IP protection.
Failure to file a patent application within one year after the first sale of the invention or product, all rights are forfeited and the idea becomes common property and will not be able to receive a patent. It is crucial to know this law and to understand that is extremely lenient.
Publicly Using The Invention or Product
Using the invention or product before filing a patent is subject to the same rules as selling or offering the invention. Basically, if you plan to use your invention or product publicly, you first should ensure that you submit a patent as well as patent rights.
Filed A Poor Provisional Patent Application
It is common for inventors to make the mistake of filing badly poised provisional patent applications. These can be rejected later on and deter an inventor’s attempt to protect their invention or product.
Furthermore, it is common for inventors to have the assumption that they have obtained a “patent pending” status just by filing a provisional patent application. This can have adverse effects because provisional patent applications are not always accepted, nor are many of them ever upgraded to a full patent. A poor provisional patent application may be denied and if the inventor fails to verify this; it can further threaten the chance to obtain rights for their invention by selling it or using it publicly.
Not Seeking Professional Help
Legally, you can draft and file your own patent application. However, that doesn’t always make it a good idea. The strength of any patent application lies in the language used to craft the description and claims. Even a single word used inappropriately can change the entire meaning of your patent application, and severely limit its margin — if not invalidate it altogether.
That’s why it’s essential to hire a proficient professional who is legally trained in patent prosecution, and whose technical experience is relevant to the scope of your work.
All of the above mistakes are fairly easy to avoid, but result in consequences when committed. It is essential to understand and learn from them in order to avoid losing the opportunity to obtain a patent altogether.
At GloberDesign, we understand the importance of protecting your invention, which is why we offer intellectual property protection of your idea or product. Our goal is to protect your idea before it gets to market or to the factories through our patent services, including Patent Drawings, Provisional Applications, Design Patents, Utility Patents, Trademarks, and Copyrights. We recommended protecting your intellectual properties prior to revealing them in the marketplace. Therefore, we use the most professional and certified patent agents and attorneys to handle all of our patent submissions. To learn more about our patent processes, contact us today!