Things you need to know before applying for a patent





Understanding about the patent application process is important for any inventor. It is an challenging andfrustrating process that every patentee has to go through.
If you are applying for a patent for the first time, chances are that many unexpected things will pop up and you will make some errors on your way to apply for a patent. A small mistake can force you to apply for a patent multiple times which can further delay your plans to market your inventions.

Attaining a patent is a time consuming process and with every mistake, you will delay the patenting process and the time required getting your invention to market.
In some cases it can even take around 5 to 6 year for getting a patent. It is always better to learn from other mistakes so that you don’t commit them while applying for a patent.

Here is a list of some tips that you need to know before applying for a patent. These tips will help you to get rid of the question of how to patent and market an invention in a single attempt and decrease the trouble of applying for a single patent for multiple times.

1)    File the application as soon as possible:

The best thing that an inventor or a start-up can do is file for a patent as soon as possible. United States is a first to file country where the grace period is very small. After you disclose your invention in public, the USPTO waits for one year before you file an application for its patent.

Many investors and start-ups tend to wait for applying for a patent due to many reasons. Sometimes they lack financial support or simply don’t know the law which forces them to halt their plans to apply for a patent. However the longer you wait for filing an application the less your chances will be to attain the patent.

If you miss the one year window, the USPTO won’t accept your application. Patent offices of some countries don’t even grace their applicants with a year time.They simply don’t accept the application after the idea is disclosed, even accidentally.

You cannot wait for a long period of time and expect everything to be all right. If you still are waiting due to some unexpected reasons the least you can do is file a provisional patent application and wait for another one year before filing for a regular patent application.

2)    Find a skilled and proficient patent attorney:

Hiring a patent lawyer is a good idea if you are applying for a patent for the first time. A lawyer with subject area knowledge will guide you on how to patent and market an invention in a simple way and help you through different stages of patent application.
You can even consult invention licensing companies to help you reach an expert patent attorney.

3)    Be careful with what you say:

Hiring a lawyer is not the only way to apply for a patent. You can contact a patent office yourself and file an application. However, there are various risks associated with filing a patent on your own.

One of the biggest problems that an inventor face while representing himself is the problem of admission. Everything they say in front of the jury is used against them. The Patent Trial and Appeal Board (PTAB) listen and judge everything that an inventor say and can use them to terminate the patent request.

The patentee therefore must be on his toes when he speaks in front of the board to make sure that the panel accepts his patent application.

4)    Provisional patent application:

Since June 8th, 1995, the USPTO has offered the applicants to file for a provisional patent application. This offers a low-cost patent filing to applicants and let them obtain an earlier filing date without patent term starts to run.

After filing a provisional patent application the inventor gets a window of 12 months to file for a non-provisional or the regular patent application.

Provisional patent application helps an inventor when he is still continuing his work on the invention. Even though most of the provisional patent applications later result to be worthless, they offer a good opportunity to the inventor if he completely describe the invention and its aspects in front of the PTAB.

5)    Develop as many patent drawings as possible:

US patent law requires at least one patent drawing/ illustration of the invention. It is required for a better understanding and helps the patent board to visualize the invention easily.

Also, with the help of multiple high qualities patent illustrations,an inventor can expand the disclosure in a patent application. They are an essential part of any patent application.

To get double the benefit, it is also recommended to the patent applicants to add a paragraph of 8 to 10 lines describing the drawing of the invention.

6)    Staying in the budget - Not an easy task:

If you are filing for a patent application for the first time, chances are that you’ll contact a patent attorney. However, these lawyers charge a lot when it comes to filing a patent application.

Also, unexpected delays in the patenting process and multiple rounds of patent revisions increase the attorney’s hours. This in turn increase the legal fees associated with the lawyer.

So, in case you are making a budget for a patent application, it would be better if you at a minimum expect doubles the hours of your lawyer’s work.

7)    Be prepared for an exhausting journey:

Your attorney will frame the actual application for filing for a patent. However, for better accuracy and thoroughness you must need to review it multiple times. This will let you add layers of information on the application, making it complex and dense.
Also, unexpected turn of events like change in patent laws or need of application form revision makes it difficult, time-consuming, and draining for the applicant.

CONCLUSION:

No doubt, attaining a patent is nerve-racking.
The key point to remember while applying for a patent is to be consistent. You may even think to drop the idea of patenting and getting your invention to market, but remember the advantages you will gain after your invention is patented .Follow the points we discussed and you will easily be able to patent and market your inventions.

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