Mistakes to Avoid During Your Patent Application (For Applying in the United States)


Patents are a significant type of intellectual property, which permit investors to acquire exclusive rights over their inventions for a specified period. In the United States, the U.S. P.T.O. grants patents following an application procedure. 

The initial step in a patent acquisition is establishing whether somebody else has one already. The easiest and fastest way of determining whether your invention is patented already is by conducting a patent search online. 

A professional patent search is a crucial step to take before you file an application. The same way you’d conduct due diligence before undertaking a business venture is the same way you’d exercise due diligence before filing an application. 

While there’s an extra cost associated with a patent application search, it could possibly save you money in the future. This guide reveals the mistakes that could ruin a patent application.

The Significance of a Patent Search

In the U.S., if you’re the first person to invent a new formula, product, or device, the invention might be patentable. When you acquire a patent, you obtain a monopoly over the use; this normally lasts 20 years from the date of the application. 

Depending on how you use the monopoly, it might result in financial rewards. The most efficient means to search for previous art is to hire a professional company such as Strategic Patent Law to conduct a search on your behalf. It’s important you consider hiring a patent attorney to conduct a patent application search for the following reasons:

  • Prevent Wasteful Applications

A professional patent search will reveal prior art that verifies that the invention you’re considering for a patent application isn’t new or that it’s just an apparent variation of what others have done already. In such a case, it doesn’t make sense to file the application because the invention doesn’t meet the patentability requirements. 

  • Enhance a Patent Application

Even when a search doesn’t prove your invention patentable, a search offers useful information in drafting an application. The outcomes of the search will recognize prior art that’s close to your invention, allowing you to draft the application in view of that previous art. 

In the event that the previous art is close to your invention, you can emphasize patentable areas despite prior art in the application. Without a search, you’ll probably end up spending too much money and time describing facets of the invention that aren’t patentable. 

Avoid these Mistakes in Your Application

Relying on Google too much

An invention is patentable when you’re the first group or person in the world or country to develop it. It might appear natural to verify that you’re actually the sole parent of a concept and that somebody else hasn’t filed a patent previously. 

You might Google to establish whether it exists already. This is problematic for various reasons. To begin with, the internet isn’t a conclusive database because of the possibility that some might have abandoned applications. 

Secondly, it might not be apparent whether a current patent that affects your invention covers your invention. Third, you wouldn’t want to be biased as an inventor. Following a cursory search, depend on a professional for a deeper search. 

Focusing on the Wrong Details

Consumers and businesspeople are usually thrilled by how much innovation changes lives. When describing your service or product, you might offer examples of its benefits and the issue it solves. In most instances, you don’t go into the particulars of the proprietary technology behind your product or hardware. 

You want to offer as much detail possible on your invention’s functionality After all, the actual invention is patentable not its application. 

Ill-timed submission

Before you launch your product to the public, you’ll probably spend time testing the business model and functionality while collecting feedback from testers. This step is necessary for the innovation process. However, avoid waiting until you are ready to begin selling before you think about the application. Beware that a patent application is very time-sensitive. 

A patent search is critical for any inventor and while it offers various benefits, you should avoid these mistakes in your application. Consider consulting a patent lawyer to save you time and money. 


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