There are many common patent application mistakes which can be made by anybody who will file a patent application in his country. Lots of mistakes can be counted during the time of Examination of patent applications and during the First examination report. In this article, we are going to discuss about the 9 Most common Patent application mistakes and will guide you on how can you avoid them. By reading this article, I am sure that you will take care of these common patent application mistakes and secure your patent without making these mistakes.
Waiting Too Long to File
Some people think that they should file their patent application once they complete their invention. Due to this mistake, they lose the time to file their invention earlier and it happens that some other person filed the patent application for the same invention. This can make a loss to you and your time because you have invested much time to make the invention.
How to avoid this?
You may be aware that there are two types of specifications which can be filed by the side of invention. The Provisional specification and Complete specification.
If you believe that your invention will take some more time to be completed, then you can file your patent application by submitting the Provisional application. After filing the PA, you will get 12 months from the date of such filing to make your invention complete and file the Complete specification within the specified time.
This step will help you to secure your invention before anyone else and you can take the benefits of your invention.
Insufficient Research or Prior Art Search
In the Examination process of the patent application, it is common that many people face the issue that the invention you have is already covered in the prior art or it is already discovered or used in the country or elsewhere. It can cause you to lose all your efforts to make that invention.
How to avoid this?
Before starting work on the invention, always do proper prior art search for your invention. Check it online whether the invention you are going to create is already existing or it is unique. You must check every aspect for this so that you should not face any prior published or patented issue. You can hire the companies as well who can do the prior are search for you as well.
Inadequate Disclosure
Not providing a detailed and complete description of your invention in the complete specification can also become the cause of your objections in your patent application.
How to avoid this?
While drafting your specification, ensure that you are including all the necessary details related to your invention. These details can be the process or precure explaining that how your invention works, and you must provide the best method in which it is to be performed. You need to include its drawings, diagrams, example, and results as well so that you can clarify your invention to the patent office.
Failure to Use Non-Disclosure Agreements
Sometimes, it happens that you disclose your invention to someone else and he files the patent application in his name by showing that he is the true and first inventor of that invention.
How to avoid this?
Always use a Non-disclosure Agreement which the person to whom you are going to describe your invention. It will help you to protect your invention from being claimed by others.
Filing Patent Application
There are many rules and sections that are applicable to your application, but ignorance of these rules causes a penalty to the applicant. Such as, you need to submit the documents on time otherwise, you need to pay the extra charges to submit those documents with condonation of delay.
How can you avoid this?
Prepare your documents with proper formatting. Read the sections related to these forms with a time limit to file such and such documents. This practice will help you to avoid these penalties with are least but still can create problems.
Improper Claim Drafting
Writing claims in your invention, which are too broader or too narrow will not help you to protect your invention. Broader claims can cause infringement to others patent whereas, the narrow claims will not help you to protect the scope of your invention.
How to avoid this?
While drafting your claims, always try to make them clear, and precise without any grammatical mistakes. These claims should cover your invention without touching the boundaries of other’s patents.
Drafting of claims requires expertise in the field of patents. So, it is always suggested that if you cannot draft the proper claim, then you should take the help of a Patent Attorney who will do that work on your behalf. But again, do not forget to do the non-disclosure agreement.
Ignoring Foreign Patent Protection
People neglect to take the protection for their patent in foreign countries. In result, some other person from that country start make, use or sell that product in the country. The Idea was yours; research was yours and the patent is yours. But some other is taking the benefit and you cannot every file the infringement suit because you did not protect your rights in that country.
How to avoid this?
If you believe that your invention is perfect which can generate money after launching in the market, then you should definitely file the PCT application for the same invention as well. PCT is a type of patent application which is used to file the patent outside of the country. In that way, you can secure the exclusive rights to exclude others from making or selling your invention without your permission. And if anyone wants to do so, then you can to the licensing of your patent and in return you can take the royalty from that person.
Insufficient Funding
People are not aware that the patent cost is more than they think. Your budget to file a patent application till the grant is approximately- 1600+4000=5600 if you are not going for early publication and filing as an individual. But after the grant, a person need to pay the renewal fee for the renewal of patent so that it could provide you the exclusive rights upto 20 years from the date of filing of the patent application. This renewal fee need to be paid every year which increases every 4-5 years and it is high if you are not generating money from your patent.
How to avoid this?
Before filing the patent application, make a list of expenses including the filing fee, attorney fee, RFE fee, and renewal fee so that you have to be sure that this much amount is required to maintain the patent.
Lack of Professional Help
Some people think that they do not need any type of assistance from professionals to draft the specifications and for further proceedings. It can create the chance of losing your patent application and also you may fall within the boundaries of infringement.
How to avoid this?
Take the help of IP lawyers and advocates to deal with the case related to patent applications. IP lawyers are experts in this field which can understand your case easily and guide you with proper instructions.
Patent agents are professionals who have a specialization in the field of Intellectual Property Rights. They are the ones who can draft the specifications for your application. They can guide you till the end and can also attend the hearing on your behalf. You just need to give them the power of attorney with full details of your invention and rest they will take care of.
Conclusion
Filing a patent application is not a tough task if you have the right knowledge or somebody is guiding you properly. These are some common patent application mistakes which are being done in this field. You always have the option to take the help of an expert person in this field so that he can guide you. By understanding these mistakes, you will have the idea that such mistakes should not be followed by you. I hope now you have the clear understanding about the common patent application mistakes and how you can avoid them.