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Patents

Before You Apply

The most common problems

So how do I avoid them?
Keep quiet - when in doubt, don't!

Generally, patenting an invention requires specialist skills or legal knowledge. Many patent applications which are filed without professional help are not successful for one or more of the following reasons:

the original patent specification, whether a provisional or complete, does not describe the invention properly;
the invention is not new because the applicant disclosed it to the public before applying for a patent;
the invention is not new because the applicant disclosed it to the public after filing a provisional application that did not adequately describe the invention. That is, it did not provide an effective priority date;
the invention is not new when compared with things that are already known. For example, it has been published in an earlier patent document; or
the application is for something that is not patentable such as a principle or idea rather than its practical adaptation.

Many people also abandon their applications because they:

are not sure that the invention will be commercially successful;
are not prepared to pay the follow-on costs necessary to obtain a patent. For example, complete application filing and examination fees; or
do not have sufficient knowledge of the patent system to respond to problems that may arise, for example, in the examination phase.

So how do I avoid them?

The best way to avoid some of these problems is to make informed and realistic decisions about your IP and to seek professional advice.

Think about the business viability of your invention first.

Develop a business plan that includes all the costs of commercialising your invention, including development, manufacturing, marketing and patenting costs, as well as sales and revenue forecasts.

You should also consider how you will use and enforce your patent rights and whether another type of IP right or strategy might be more effective.

If you decide to seek patent protection, do your research!

Keep quiet - when in doubt, don't!

Don't go public with your invention too early.

You should be aware that the rules regarding disclosure and grace periods have changed. Click here to find out more about Grace Periods.

What is a patent? > Keep it quiet! > Grace Periods