8 Most Common Pitfalls To Avoid While Filing Patents

All individuals and companies with commercial patents must act very responsibly. Such behavior implies following the law, but also careful handling of the patent. So, it is important to stay focused on the end goal and work hard on it. However, the path to the goal is full of obstacles and traps that you must skillfully avoid. Otherwise, your business becomes futile and you can incur high costs. Many people make the same mistakes, and we have listed a few of the most common ones below.

1. Ordinary ideas

Source: unsplash.com

These ideas may have been tested, but they are not innovative. Remember that a concept must be useful and innovative. Ordinary ideas are good, because some strange thoughts can come out of them. It is among such thoughts that you will find the perfect concept. When we talk about usefulness, we mean the purpose of your patent. Innovation implies uniqueness, and that refers to the non-existence of the same patent. Another prerequisite for a successful patent is non-obviousness, which means that the idea must be conceived in such a way that no one from the same industry would think of doing the same thing. So, the rules stipulate that there are several conditions that explain the appearance of a patent, and you should stick to that. Let them serve as guidelines for further work to make sure you have the right invention with you.

2. Waiting too long

You must not wait too long for a patent application for space reasons. A lot of people have trouble starting the process which is why they wait longer than they should. These are the same people who use the grace period which means they have a whole year at their disposal before selling an idea and making the invention public. However, some states do not have this law. You can also take advantage and file a patent application. Otherwise, you run the risk of someone taking away your patent and publishing it before you. This jeopardizes your company’s financial future. You could be sued for patent abuse, and you would eventually be required to revoke it. So start planning on time and apply for a patent as soon as possible until someone else does it for you.

See Also:  Funding Your Invention: Options for Financing Your Project - 2024 Guide

3. Not filing for patent within a year

Source: swkadvocates.com

Regardless of the fact that you filed the patent application on time, it is only a temporary application. It will expire after one year, and the time starts counting from the date of submitting the application. You may be safe then, but don’t let this fool you. Immediately after the expiration, reality awaits you. That is why it is best to hire a lawyer, because he will help you get subsequent requests. During that time, work hard and submit the non-provisional application as soon as possible. However, secure your patent by signing a Non-Disclosure Agreement.

This way you will be able to freely share confidential information with a third party and you will not risk your creative work. Otherwise, you risk the lawyer revealing your invention to a third party. As you can check at https://inventhelp.com/invention-patent-referrals , theft of invention is always possible.

4. Poor drafted patent application

It’s not just important that you meet deadlines. The content of the application is the most important, because it must be good enough. That means you shouldn’t even rush it too much, because it will look like it was compiled by someone who doesn’t have enough knowledge about the patent system. This way you will not meet the legal requirements. So try to explain in detail how the invention works. Focus on all its features and technical problem. The purpose of such a description is that a person skilled in the art can apply the invention only on the basis of it. Of course, in addition to experimentation. You should also define the boundaries and be clear about it.

See Also:  10 Famous Songs to Learn English With

5. Financial instability

Source: unsplash.com

This process can be very long which means you will need a lot of money. It is very important that you prepare adequately. This means that you should take basic steps to protect your patent. It is not enough just to provide money for the costs of submitting the application itself, but also for everyone else. For example, you may incur prosecution costs before your report is approved.

6. Talk too much

If you talk too much about the product in public, you can do a lot of harm to yourself. This means that there is a possibility that you will lose the patent before you release it. Although you will have to give a few details about the invention, buy funds and new technology, be moderate in everything. Never lose sight of a confidentiality agreement, as it is the only document that protects your product. So don’t discover your technologies without it.

No matter how many people knew the details, it is still a public revelation. This way you are going against your patent. Think about its commercial potential before you reveal any information. Also, don’t be too specific when describing, but start with something general. For example, list something that is close to the invention, the settings are in line with the use, the target audience or the one that is not. In addition, you can give some examples of how the invention is used.

7. Ignoring international competition and infringement

Source: pexels.com

In order to first establish yourself in the local market, you need to think like other technology companies. This is exactly their focus, because that is how they examine the potential of the invention at the local level. This is characteristic of the early phase of work and has proven to be a very successful strategy.

See Also:  From Concept to Creation: Nurturing Invention Ideas (2024)

Of course, the opinion of the investor is also important. You need to let them know that you have taken all the steps to protect your invention outside the local market as well. However, you need to prepare plans as soon as possible. Since not all countries have a grace period, you will need to protect your patent before applying. Explore and find out what you need to make your invention successful in the international market. If you do a good job, you will have the opportunity to work with some sophisticated investors.

8. Failing to seek advice

Although you can do everything yourself, you need professional legal advice to file a patent application. Remember that your descriptions and claims are most important. That is why it is important to use only appropriate words and not to be superfluous. Even one word can change everything or the meaning of the application. You can limit it a lot this way, but it will most likely be undone. Instead of trying to do everything yourself, hire someone who is professional enough when it comes to the field of patent prosecution such as METROLEX IP. His experience will be of great benefit to you during the process.


We hope we have helped you avoid some of the most common mistakes in this process, as they can decide the fate of your patent.