Even small mistakes during the patent process can lead to significant delays, unexpected costs, or the loss of your rights. Here are the most common pitfalls and how to avoid them.
Disclosing your idea publicly
Sharing your invention publicly – perhaps in a meeting, online, at a trade show, or through a product launch – before filing your patent application can make it ineligible for protection. This is because patents require the invention to be new at the time of application. Avoid this by keeping your invention confidential until you’ve filed, and using non-disclosure agreements when discussing your idea with potential partners or investors.
Skipping the patent search
Failing to check if your invention is already patented can lead to legal disputes, wasted time, and unnecessary expenses. To avoid this, carry out a thorough patent search to determine if your invention is truly novel, and avoid infringing on existing patents. Consulting a patent attorney can also help if you’re unsure about the search process or results.
Neglecting patent renewals
Once your patent is granted, you must pay annual renewal fees to keep it active. Missing these payments will result in your patent lapsing, leaving your invention unprotected. To avoid this, set reminders for renewal deadlines, and review your patent portfolio regularly to decide whether to keep, sell, or license patents that may no longer align with your business strategy.
Overlooking enforcement
A granted patent does not automatically stop others from infringing on your rights. You need to actively monitor the market for potential violations. Ignoring this can result in others profiting from your invention without permission. To stay on top of things, monitor competitors and industry developments regularly to spot potential infringement. Take proactive steps, such as sending cease-and-desist letters or seeking legal advice, to enforce your rights if necessary.
Avoiding these mistakes and staying vigilant will help you protect your invention and maximise its value. If in doubt, seek advice from a patent attorney.
