Categories: Business & FinanceLaw

Avoid These 3 Big Patent Application Mistakes

October 3, 2017

Due to the complexity of patent application, mistakes can be very common. Even if you try your best to do everything right the first time, it is just not possible. You will surely make a mistake or two along the way. It could be due to ambiguity of the instructions or a change in policy you might not be aware of.

It is important to be fully prepared before applying for a patent. The approval process alone takes a year or more in most cases. You want to at least try and shorten the application part. Here are some mistakes that you should avoid.

Incomplete documents

Before you hand over the documents for your application, make sure all of them are complete. You might be surprised if your application is rejected on technical grounds. You don’t have any other rival with the same patent, but you will still end up getting rejected. If the essential elements such as the background of the invention, or its scope, are not included in the application documents, your patent application will be tossed aside.

This might seem like a really harsh policy, but you also have to consider the number of patent applicants. Some applicants might not even be serious about their application. Therefore, this decision to be really particular in checking all the necessary documents is totally justified.

Being too specific

In describing your patent, make sure that you aren’t too specific or else you will have a hard time challenging others claiming a patent for a similar invention with slightly different materials. For instance, if you mention that your invention is made of metal, they can easily replace ‘metal’ with a different material and you can no longer claim a patent infringement. There are serious legal issues surrounding patents these days and it usually has something to do with the specifics.

Being too ambiguous

On the other hand, being too vague in your application may also harm you. Don’t just assume that the person reviewing your application will automatically understand your application. If there are missing details, you might end up having your application denied. Try explaining some details especially on how the product works and the background related to its invention.

You should consult a patent attorney first before moving ahead, to avoid experiencing issues. You should also use patent writing software to reduce the time needed for the patent application.

It might seem like a really difficult process at first, but it can be done. You just have to be patient in going through all the steps until you finally get the patent. Rejection should also be expected but it shouldn’t be a hindrance towards success.

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