The Eight Common Mistakes companies Make in Their Patent Applications
For small and medium-sized enterprises (SMEs), navigating the patent process can be complex and costly. However, avoiding certain common mistakes can significantly improve the chances of obtaining strong, valuable patents that align with business goals. Below, we outline the eight common pitfalls SMEs face patenting - and how you can avoid them.
1. Lack of Prior Art Search
One of the first and most crucial steps in the patent process is a decent prior art search. Many SMEs skip or inadequately perform this search, leading to rejections when the patent office finds similar inventions already publicly available. A patent novelty search helps ensure the invention is truly novel, saving both time and money later in the process. If you have conducted a novelty search before drafting a patent application, you can frame the innovation in the best light and context when drafting the patent application. Here, you can read more about how to perform a novelty search.
2. Not Giving Enough Time to Prepare and File the Application
A patent application is a complex document that requires careful drafting. Rushing the process can result in weak claims, incomplete descriptions, and missed opportunities to fully capture the innovation. Dedicate sufficient time and resources to properly prepare a patent application, ensuring it covers the invention in full detail and in a way that will hold up during examination. Remember to plan ahead!
3. No Consideration of Business Goals
Patents should serve a strategic purpose and support the commercial objectives of your business. Filing patents without considering how they align with business goals can lead to wasted resources that do not add significant value. It’s important to ensure that your patent strategy supports your overall product development, market positioning, and competitive edge.
4. Delayed and Rigid Patent Strategy
Talking of strategy - Many SMEs delay thinking about their patent strategy until late in the product development phase. This can result in missed opportunities to protect key innovations before competitors or before public disclosure. Moreover, once a strategy is in place, not revisiting it regularly can leave critical new innovations unprotected while maintaining outdated protections. Regular reassessment ensures that the patent portfolio remains aligned with evolving business needs and market conditions.
5. Insufficient Detail in Description
A common pitfall is not providing enough detail in the patent application. The description must explain how the invention works, its advantages, and potential variations. Insufficient detail can lead to narrow patents that are easier for competitors to design around or outright rejection by patent offices. Always think about other ways your innovation could be implemented - even if they are not the best way of doing it! Having multiple examples in your patent application will make the patent application stronger.
6. Underestimating Costs of Patent Protection
The costs associated with patents are often underestimated, especially by SMEs operating with limited budgets. Beyond the initial filing, there are ongoing costs for prosecution, potential translations for international applications, and maintenance fees. With adequate financial planning, you don´t have to risk abandoning patents before they reach the point of generating value.
Lightbringer can help with budgeting and predictability of costs.
7. Not Leveraging Professional Help
Attempting to draft a patent without professional help might seem like a cost-saving measure, but it often leads to weak applications that are easily challenged or rejected. Patent drafting is complex, and experienced patent attorneys can significantly increase the chances of success by ensuring all technical and legal aspects are properly covered.
Fortunately Lightbringer can let you have access to affordable top quality patent expertise.
8. Disclosing the Invention Too Early
Premature disclosure is a common mistake for SMEs, particularly when showcasing products at conferences or pitching to investors. Public disclosure before filing a patent application can destroy the novelty of an invention, making it impossible to secure protection in many jurisdictions. It is vital to keep inventions confidential until the patent filing is secured.
conclusion
SMEs face unique challenges in the patenting process, often compounded by limited resources. Avoiding these eight common pitfalls can help you improve your chances of obtaining useful patent protection. For affordable and reliable patent guidance, consider exploring how Lightbringer can assist you.
This blog post is not legal advice. You should always consult a professional patent attorney when filing a patent application and protecting your innovations.
