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Filing a patent is a complicated process that can also be time-consuming. In addition, getting through the patent process successfully requires an intimate knowledge of patent law. Whether you’re a seasoned inventor or filing a patent for the first time, there are a few things you should avoid to successfully file a patent. Avoiding these common mistakes can make a significant difference in the success of your patent application.

    1. Failing to conduct a prior patent search
      Before filing your patent, conducting a prior patent search is imperative. This is a common mistake that inventors make when filing a patent. It’s a crucial step in the application process because it helps you determine if your invention is truly unique. If someone has already invented the product or idea for which you’re filing a patent, it likely will not be approved. In addition, you can also use the patent search to make any additional improvements to your patent and even increase the chances of approval.
    2. Waiting too long
      Procrastinating the filing of your patent application can lead to many issues, such as the loss of rights when someone files a similar patent as yours. Time is of the essence when you’re filing for a patent for several reasons. According to United States patent law, patent applications are barred if the invention is described as something that is in public use or on sale for more than a year before the patent application date is filed. Delaying a patent application can also lead to potential legal challenges.
    3. Not allocating enough funds to file the patent
      Filing for a patent is a business expense, and like many other business expenses, it can be a large sum. Unfortunately, many inventors fail to allocate enough funds to file their patents. So, how much should you allocate to file a patent? On average, patents usually range from a few thousand dollars up to ten thousand, depending on the complexity of the patent. The patent cost often includes various fees, including patent attorney fees, filing feeds, search feeds, maintenance feeds, and additional costs.
    4. Filing an incomplete disclosure
      When filing a patent, you’ll be asked to submit a disclosure which is a document that describes an invention and its potential for patentability. During this process, it’s critical to include all the necessary information and ensure everything is correct. Filing an incomplete disclosure can cause issues, such as your patent being challenged or invalidated. When filing your patent, ensure that it has all the necessary details, such as a thorough invention description. A comprehensive description of your patent allows you to define the full scope, giving you a stronger claim. Filing a complete disclosure also protects your patent in the future by providing a foundation for further innovation and reducing potential legal risks.
    5. Missing a patent deadline
      While filing a patent, you’ll encounter strict guidelines that you must meet to avoid losing any of your patent rights. Perhaps the most important deadline to remember is the one-year grace period for filing a patent after the invention has been offered for sale or publicly disclosed. If you miss this deadline, you could potentially lose your patent rights. In addition, missing deadlines can lead to increased costs, scrutiny, and the blocking of your patent because of another patent being filed.
    6. Ignoring patent requirements
      Ignoring patent requirements can result in various adverse consequences, including failing to secure the patent and difficulties maintaining it. The patent office could reject a patent and suffer a limited scope of protection, making it easier for others to design around your patent. You’ll likely also incur increased delays and potential legal challenges. Lastly, ignoring patent requirements can also cause a reduced commercial value because a patent that hasn’t met the requirements can be less attractive to investors or partners, diminishing its potential value.
    7. Filing the patent by yourself
      While it’s possible to file a patent yourself, hiring a patent lawyer to file your claim protects you from many potential issues. The process is notoriously complex, and using a registered patent attorney helps your small business protect its intellectual property. In fact, the United States Patent and Trademark Office (USPTO) even recommends hiring an attorney to help. Hiring a patent attorney means you’ll have access to specialized knowledge, avoid costly mistakes, and navigate the legal complexities of filing.

When You’re Filing for a Patent, Trust Alloy Patent Law

Take the guesswork out of filing your patent by hiring Alloy Patent Law. We’re a trusted online patent law firm specializing in serving small entities. Our team understands what goes into filing a quality patent and offers frictionless onboarding when you sign up. With transparent pricing and payment plans, our online platform streamlines every step of the process. Schedule your free phone or video consultation with an online patent attorney today.