Determining when to file a patent can be challenging for many startup companies. If you wait too long, you can risk potentially losing your patent rights. On the other hand, filing for a patent too early could be wasting precious capital that locks you into many costs you may not be able to afford. Like many other business decisions, the right time to file a patent is based on a combination of many business and legal factors. A patent’s legal protection is essential for turning a great idea into a successful product or business venture. In this article, we’ll help you determine when to file a patent and why you should consider hiring a patent attorney.
What is a Patent?
A patent is a legal right that gives an inventor exclusive rights to the invention for a set period of time. It protects many aspects of the unique invention, including process, design, or plant, from being manufactured, used, or sold by others without the patent owner’s permission. There are several types of patents, and they cover a broad range of inventions, from new inventions to ornamental designs and even certain plant varieties. Patents help inventors and businesses safeguard their investments, secure a competitive edge over other companies, and contribute to technological and economic progress as a society.
A Few Signs That Indicate It’s Time to File for a Patent
Knowing when to file for a patent is critical, and there are a few signs to watch for that indicate it might be time to file your patent, including:
- You Have a New Invention – Have you created something new, innovative, useful, and non-obvious? Whether you’ve developed a new invention or significant improvement on an existing product, creating something new means you can file a patent.
- You Have Validated Data – If you’ve moved past the patent concept into conducting market research and testing your invention, you’ve likely also established proof of concept and refined your technique. This validated data can help in filing the patent.
- Your Creation Has Commercial Potential – Can you envision opportunities for licensing, manufacturing, or directly selling your invention? This is a strong signal to begin seeking the protection of a patent.
What happens if I wait too long to file a patent?
You’ll likely experience several risks if you wait too long to file a patent. One of the most significant risks is publicly disclosing your invention. Any public disclosure, whether discussions with potential partners, posts on social media, or presentations, may make it harder to receive a patent. Once you publicly disclose your patent, you have 12 months to file a patent application with the United States Patent and Trademark Office. Once the one-year grace period has passed, the invention may no longer be considered patentable.
If you wait, you risk other competitors filing to patent the same idea, limiting you from claiming ownership. This would risk your ability to license, sell, or commercialize your invention. In addition, any delays can make the patent process more complicated and costly. Any changes to your design or the emergence of new technology may require modifications to your patent.
How do I prevent losing any patent rights?
To avoid losing any patent rights, moving quickly and carefully through the process is essential. Once your invention is complete, file your patent application and have its commercial potential and uniqueness validated. Don’t disclose any details of your idea before filing, and keep detailed records of your invention’s development, including prototypes, designs, and research. This establishes proof of your ownership and timeline of the creation process. Ensure that you stay on top of patent deadlines, because if you don’t, you’ll risk losing your rights to the patent. Consult with a patent attorney to ensure your application is prepared and filed correctly to help prevent costly mistakes and delays.
Why You Should Work with a Patent Attorney
The easiest way to prevent losing your patent rights is to work with a patent attorney. Obtaining a patent is a complex process, and navigating it successfully requires skilled, highly specialized knowledge. A patent lawyer can help with your patent, ensuring your application is filed correctly and meets all legal requirements. With their expert knowledge of patent law, they can ensure your application is carefully drafted and filed, maximizing your chances of securing strong and enforceable protection. Should you face any issues with infringement, licensing, or obtaining international patents, the expertise of a skilled attorney for patents is invaluable. In short, a patent attorney increases your chance of obtaining a strong patent and avoiding costly mistakes.
Consult with Alloy Patent Law to Protect Your Invention
As the first online patent firm, Alloy Patent Law is your partner in navigating the complex patent process. We’ll help you easily obtain a patent and offer expert guidance and streamlined services, all with a commitment to protecting your intellectual property every step of the way. Have an idea? Schedule your free consultation with us today with no risk!
When You’re Filing for a Patent, File with 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.
