In this article, you can discover…
- Common mistakes to avoid when filing a patent application.
- How the right patent attorney can help small businesses file successfully.
- How to navigate common pitfalls in a patent application.
What Common Mistakes Do People Make Filing Patent Applications Without Legal Help?
Extensive experience is essential to understand exactly what the United States Patent and Trademark Office (USPTO) looks for in an application. The application must be drafted to provide the broadest possible protection for the idea, design, or product.
It is crucial to provide ample and detailed descriptions of the item’s features and how they all work. Without this detailed information, the Patent Office may reject your application on the grounds of non-enablement. Furthermore, high-quality applications also help protect you from competitors who might reverse-engineer your product and replicate it without technically infringing on your patent.
Given these possibilities and risks, the best use of your time and resources is to hire an accomplished attorney to help you draft sound documents. This ensures that your applications will meet the USPTO’s standards and protect your invention beyond the initial patent approval.
What Mistakes Do Small Businesses Commonly Make In Patent Applications?
Many small businesses make the mistake of hiring the least expensive legal help they can find when filing a patent. While this may save money in the short term, the long-term success rate for this approach is often disappointing and costly.
Businesses that choose the cheaper route frequently face multiple frustrating rejections of their applications and ultimately hit a brick wall. In contrast, an experienced, high-quality attorney can streamline the process, draft successful applications on the first try, and ensure your idea is patentable and protected from imitation.
How Can A Poorly Drafted Patent Claim Affect My Application?
A poorly drafted patent claim fails to properly describe the uniqueness, utility, or mechanisms of an invention and, therefore, cannot adequately protect it. If a claim does not thoroughly cover the most important features, a competitor can easily infringe on the invention without any recourse for the inventor.
Why Is It Important To Hire Legal Representation Who Has A Knowledge Of Patent Laws And Regulations?
Your patent application is the first step in getting your patent approved and protecting your ideas. A seasoned, diligent patent law attorney can help you submit a well-drafted and informed claim.
The Patent Office looks for comprehensive detail, knowledge of the invention category, and an understanding of what makes your invention different from similar devices or ideas. Your legal representation should have the same priorities, knowledge, and attention to detail as the Patent Office examiner. Having the right attorney to assist you with this process is vital.
A truly qualified lawyer will have experience working both within and alongside the United States Patent and Trademark Office. They will not only draft high-quality applications but also communicate effectively with the Patent Office if concerns arise. They can explain the validity and uniqueness of your idea in light of rejection and help expedite the application to allowance.
Overcoming Patent Application Errors: A Case Study In Successful Resolution
One patent application case in particular stands out for me. A client had a very unique invention and had provided excellent drawings showing the invention and its unique components. Unfortunately, he initially hired a law firm with less experience to draft and file his patent application. The poorly drafted document failed to highlight the unique aspects of his invention, resulting in the rejection of the claim and a subsequent appeal.
This case was later directed to me. Thanks to the inventor’s detailed drawings, I was able to redraft the entire application, cancel the previous claims, and instruct the inventor to meet me in person at the patent office. We requested a first-action in-person interview with the examiner and managed to get the application allowed and patented on our first try.
This case was especially meaningful for me and ties into why I decided to work in patent law. I spent 12 years working for one of the biggest corporations in the world, helping Samsung obtain over 3,500 patents in the most complex technologies. However, I felt I wasn’t truly achieving the satisfaction I wanted; I was just helping a big conglomerate get bigger.
I decided to use my experience and knowledge to focus on helping US startups and small businesses get on their feet, grow, and become successful. My work has helped numerous US inventors and entrepreneurs not only successfully file patent applications but also genuinely enjoy and profit from their hard work. For more information on Mistakes To Avoid When Filing A Patent Application, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (202) 349-1124 today.
