6 mistakes to avoid while filing for a Patent
Innovation is the most sacred thing for the process of development. Anyone who is interested in launching their business or a product should go for patent registration as it gives some exclusive right to patent holder. To register for a patent one should complete the patentability conditions, it’s a universal process with a slight interpretational change.
One can file for a patent only when some of the listed elements are matching or present –
Novelty – Inventor can file for a patent when the idea consists one or more new idea otherwise it will not be considered as Novelty.
Not-Obvious – Idea/innovation may be Novel but should not be an obvious one. Any person in the same field should not find it easy and obvious.
Industrial Application – The innovative idea should have commercial backing or value which can be termed as useful reproductions.
If all the above three comes at a place, one can file to check for a patentability conditions.
Many companies or a startups are depending on a patent and their Intellectual property portfolio. Mistake or a flaw in filing for a patent can lead towards a great loss to the organization, which can ruin the reputation and future of the company. Following are things one should take into consideration before they opt for filing for patentability –
1- Internet is not a definite data-bank –
Your invention is patentable only when you or your organization is the only one in the world to think about it. To check whether you are alone on the top of that idea, one might check with famous search engines available like Google. If you search and read the information AVAILABLE related to your idea, you might get influenced by the data and risking your unique soul idea. You lose focus from best description for your idea once you read more and more results.
2- Signing the NDA (Non-Discloser Agreement) –
One should approach a professional Intellectual Property (IP) advisor/attorney team for filing for a patentability. Before you disclose the most crucial information and invention before the team/advisor, it is recommended inventor should sign a NDA. Inventor can disclose the classified information once the NDA is signed.
3- Waiting too long to file for patentability –
Time is the essence of the matter. If you are late in filing for a patentability the other person or a company has a chance to get that idea/innovation registered against their name.
Patent determines the future of the company and most of the financial benefits could be depending on the patent. If one misses the filing opportunity and someone else file for a patent, one might be sued by the person who has filled for the patent. It also means one will have to close all the back-end work ongoing for this innovation.
4- Understanding Law –
Patent law is not same across countries. There may be some minor changes depending on in which country you are. E.g. U.S.A. gives ‘grace period’ of one-year to file for a patent once the inventor disclose the idea publically. However, this law might not be applicable in other country where you choose to file for a patent. Hence it is necessary to understand the patent law for each country where one intend to file for the application with the advice from the expert. Taking advise can save time and money.
5- Poor Drafting –
While drafting a patent application one should always check the drafting quality. One should always avoid using inaccurate words which might lead towards rejection of the application. One should take it very seriously to check the draft before they submit their application to the agency.
6- Previously Taken IP’s –
One should be very sure when it comes to filing for a patent. If application has any previously registered IP or any other competitor’s information, it might lead to a criminal liability. So, this is very essential to cross check all the information twice with the advisor.
The process for filing for a patent is expensive and time consuming. It is advisable to check above points before you file for it.
Disclaimer: While I have experience in filing for a patents and received idea from other knowledgeable filers, I recommend working with a expert once you are in the process.