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 a patent application. The application must be drafted to provide the broadest possible protection for an idea, design, or product.
It is crucial to provide ample and detailed descriptions of the invention’s features and how they all work. Without this detailed information, the Patent Office may reject your application on the grounds of lack of sufficient enablement or lack of sufficient disclosure. Furthermore, high-quality patent applications also help protect you from competitors who might reverse-engineer around your product and replicate it to avoid technically infringing on your patent.
Given these possibilities and risks, the best use of your time and resources is to hire an accomplished patent attorney to help you draft sound patent applications. 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 patent drafting and prosecution 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 patent applications and ultimately hit a brick wall. In contrast, an experienced, high-quality patent attorney can streamline the process, draft successful applications from the beginning, and ensure your idea(s) is patentable and protected from imitation and/or infringement.
How Can Poorly Drafted Patent Claims Affect My Application?
Poorly drafted patent claims fail to properly cover the uniqueness, utility, or mechanisms of an invention and, therefore, cannot adequately protect the invention. If a claim does not properly 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 attorney can help you submit well-drafted and strategic patent application and claims.
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 patent attorney to assist you with this process is vital.
A truly qualified patent attorney will have experience working both within and alongside the United States Patent and Trademark Office. They will not only draft high-quality patent applications but will also communicate effectively with the Patent Office if and when concerns arise. They can explain the validity and uniqueness of your invention in light of any potential rejections and can 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 claims, which subsequently lead to having to file an appeal. This was costly to the inventor.
This case was later directed to my Firm. Thanks to the inventor’s detailed drawings, I was able to redraft the entire application, cancel the previous claims, and invited the inventor to meet me in person at the U.S. Patent Office to join me for an in-person Examiner Interview. We requested a first-action in-person interview with the examiner and managed to get the application allowed and patented shortly after the interview.
For several years I have helped the biggest consumer electronics Corporations obtain over 5,000 patents in all types of technologies. However, in the past ten years I have decided to use my vast experience and knowledge to focus on helping US startups and small businesses to grow and become successful. My work has helped numerous US inventors and entrepreneurs not only successfully file patent applications and obtain quality patents, but I also genuinely enjoy and learn 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.
