Preparing, researching and filing a patent by no means guarantees you will receive a patent for your invention, it can be a difficult and often complicated process, so here are a some key pieces of advice from the expert you help you file a successful application that ends up with you being granted a patent.
Preparing for a patent application
One of the most common causes of patent revocation is a failure to invest enough time in making the initial application as strong as reasonably possible, at the start of the patenting process. All too often companies cut back on costs at the preparation stage only to find they spend far later on in defence of their patent.
It is common for similar, earlier inventions (referred to as prior art) to come to light and to be used to invalidate the asserted patent claims. Having a well-drafted patent application from the outset puts you in the best possible position to deal with issues that arise due to the discovery of these earlier prior art references.
Correctly researching a patent
One way to reduce the risk of prior art being discovered mid-way through the patenting process is to do some initial research. Pre-filing searches, although not comprehensive, can give you some idea of what others have done before and how new your invention really is.
The search results can be used to strengthen the validity of your initial patent application or identify potential problems that are likely to occur further down the line. If your budget does not allow for a thorough pre-application search, give your patent attorney as full a picture as possible of what led to the development of the invention, how it differs from the competition, and all the ways in which the invention will be exploited commercially. This will enable them to take these factors into account when drafting your patent application.
Carrying out regular intellectual property (IP) searches related to your business will enable you to keep an eye on your competitor activity by flagging up possible future problems relating to infringement. Regular research can have the added advantage of revealing potentially useful technology, such as patents which are no longer in force or are about to expire. A detailed knowledge of the emerging technology in your field will assist you in directing your research into innovations into virgin territory rather than into an already saturated market. It can also identify opportunities for co-operation with the owners of complementary technology.
Understanding patent variability
If patenting an invention internationally, be aware that significant differences exist within the execution of IP law around the globe. Some patents are inherently stronger than others in different jurisdictions. For example, patents relating to software or business processes are commonly granted in some jurisdictions and often considered to be excluded from patentability in others.
To ensure that you have the strongest possible patent portfolio, you will need to establish a considered international IP strategy, and invest in the subtle adaptation of international applications, by adapting the patent applications to complement the local variations of IP law to enhance the prospects of gaining the strongest possible protection under the sometimes conflicting laws of each respective country. Unfortunately, there are no guarantees with patenting and taking the above steps will not guarantee that your patent is not attacked. They will, however, reduce the risks to your business and put your patent portfolio on the strongest possible footing should you need to defend it.
Making your application stand out
A patent application can be the first step on the road to global success, and new ideas are being patented all the time. However, patience is most certainly a virtue when it comes to standard patent applications. Before you start, make sure that the protection the patent offers your idea would prevent any copying in the markets you are active in. To avoid wasting time and money on existing technology, do a deep and accurate search on databases, sales brochures and the internet.
For example, espacenet.com is a free online database provided by the European Patent Office with access to more than 90 million patent documents worldwide, containing information about inventions and tech developments from 1836. For new investors, the website offers guidelines on how to search for patents. The waiting can pay off, and this will help you figure out if your idea is truly original.
Summary & Solicitors
On a final note, even if you’re not obliged to appoint a professional representative or a legal practitioner, it may be useful to consult one. Your chances of obtaining a useful patent are much greater if you use an IP professional. The Chartered Institute of Patent Attorneys can help you locate an attorney in your area. The Institute also offers free IP clinics in cities around the UK to provide basic advice to unrepresented innovators.
