Five Common Patent Filing Mistakes

Many companies depend on patents to protect their creations. Making a mistake while filing the patent could be disastrous for their company. However, mistakes do happen. Here are the five most common patent application mistakes to avoid:

  1. Waiting too long

A provisional patent application has to be filed 12 months after the product is sold or used publicly. Then, the company has another 12 months to file or convert the PPA to a non-provisional application. If this is not filed within the timeframe, the applicant is forfeiting their rights to the invention, leaving it open for others to claim.

  1. Missing out on a patent opportunity

Often, companies make updates and improvements to original patents or inventions or they combine technologies and make another unique product. When this is done, they should work on filing a combination patent. While hard to obtain, the added protection is worth the effort.

  1. Failing to conduct a proper search

No one likes to waste time or money. Completing an in-depth patent search before filing an application is an important step to take to avoid unnecessary expenditures. Both Google and the U.S. Patent and Trademark Office offer search tools to look up patents from the last four decades. Failing to research it thoroughly could cost a company hundreds or thousands of dollars in patent application fees.

  1. Sloppy application

When it comes to patent drawings, they must be detailed and specific. The potential patent holder’s best bet is to hire and work with a professional drafter. This will reduce the chances of inaccuracies and rule violations that could delay or deny the patent application.

  1. Failure to use non-disclosure agreements

If the inventor wants to seek out potential customers prior to filing the patent application, they should require a signed non-disclosure agreement. This adds a layer of protection for the product and ideas until the patent application approved.

Before filing a patent, the creator should have an attorney with patent experience look over the application. InnovaCounsel attorneys can assist companies with filing patent applications and in avoiding the mistakes outlines above. Contact them for corporate in-house counsel and legal services provided on a full or part-time basis. 


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