Properly protecting intellectual property is often essential to the launch of a business start-up. In many cases, obtaining a patent for a product or invention through the U.S. Patent and Trademark Office (USPTO) can be crucial for securing the funding necessary to expand the business and maintain a competitive edge. However, business start-ups often make mistakes during the patent application process that can cost them precious time and money.
A Boynton Beach patent lawyer at The Lomnitzer Firm P.A. can answer your legal questions and give you critical advice about the patent application preparation and filing process. We can help you avoid the most common patient filing mistakes that business start-ups often encounter as they work to protect their intellectual property.
One of the biggest mistakes that business start-ups make is disclosing too many details about an invention before securing a patent. First, public disclosure of your invention automatically disqualifies you from getting a patent. Although the United States has a one-year grace period to file a patent application after the first public disclosure, many other countries do not. In most countries, the person or company who is first to file the patent application for an invention has the right to patent it, even if another person or company invented the product years before that date.
As a result, you must take all necessary precautions to protect your invention from public disclosure before you file your patent application for it. You should insist on non-disclosure agreements when discussing the invention with others, discuss it with as few people as possible, and only provide as many details as are necessary for the discussion. Taking these steps can protect your rights to your invention.
The best patent descriptions are detailed, clear, precise, and thorough. Ensuring that your patent description possesses these characteristics can be crucial to strengthening your patent and increasing its value. Not only must you include comprehensive technical specifications in your patent description, but you must also explain how the invention works, including any alternative uses. The drawings in your patent description should be clearly labeled and follow U.S. Patent and Trademark Office (USPTO) guidelines. Finally, your patent description should include a detailed process for creating the invention.
Choosing the wrong patent type can devalue your invention and restrict your legal protections. While most patents are utility patents, business start-ups should not default to the utility type, which focuses on how an invention works. Consider whether a design patent, which covers physical appearance, or a plant patent, which involves new plant varieties, is appropriate for your invention. Furthermore, don’t ever assume that your invention isn’t patentable. Even an invention involving software can be patented, such as devices that carry out the software functionality or a particular process that utilizes software.
Even if you conclude that your invention isn’t patentable, you may be able to protect your rights to your invention through other forms of intellectual property, such as copyrights, trademarks, or design patents.
Generally, you should file your patent application as soon as possible after you develop your invention. Start-ups often make the mistake of waiting until they think their invention is “ready,” which can lead to a competitor filing for a patent before you do. Protect your rights by filing early.
You should maintain meticulous records that contain dates to document every stage of development. Test results, sketches, notes, and calculations should be carefully documented. Maintaining these records is crucial for defending against infringement claims and providing evidence of prior art.
A Delray Beach patent attorney at The Lomnitzer Firm P.A. stands ready to help you begin the patent application or prosecution process. Contact our office today at (800) 853-9692 or online to schedule a time to discuss your patent issues with our attorneys.