The process of obtaining Patent Protection by filing a Patent Application may involve multiple obstacles, many of which may lead to the application being rejected. These may be because of a lack of research to support the patentability requirements or from the poor communication abilities of the patent applicant, leading to confusing arguments for the innovation’s validity. Irrespective of different circumstances, let us discuss a few tips and tactics to ensure the complete success of your patent application procedure.
1.Ensure the Patentability of Your Innovation
You must verify beforehand whether your innovation or invention qualifies for obtaining patent protection. In the scenario where some other inventor or innovator has already invented or innovated the same thing, you would lose your individuality at the beginning. It would undoubtedly be a sheer waste of time, money, and effort to go through the entire patent application process. There are many resources available online for performing a Patent Search. Many law firms specializing in Patent Law can also help you verify your patentability criteria in a better manner.
2.Set Up Your Budget
The patent application filing process is a pretty expensive affair. It is always better to set up your budget well in advance to avoid any discontinuation in the middle of the patent application process. The high costs are because of the government processing and legal assistance charges. For instance, the patent professionals and attorneys would charge you to determine the patentability of your invention or innovation and for drafting the patent application. Furthermore, there are filing fees and examination fees for patent applications. Therefore, it is highly recommended that you set up a budget on time for your overall process.
3.Create a Timeline
Obtaining patent protection after filing the patent application is a time taking task. As per the patent experts in the industry, you may require waiting 02 to 03 years to get your hands on a fully working patented invention or innovation. The patent experts, therefore, suggest creating or establishing a patent timeline at the beginning to meet the due dates for every phase in the process.
Moreover, the earlier you start, the better it will be, as procrastination may lead to a comparable invention or innovation being launched by another inventor and safeguarded by a patent before you would be able to execute it in the market.
4.Document Every Single Detail Minutely
You must work as hard and sincerely as you can on the patent draft to ensure that you don’t overlook even a minute detail in your patent later on. Always have your invention’s written, audio, and visual documentation in place. Time-stamped files in soft and hard copies will be the icing on the cake. Such aspects shall help build your authority in the patent application process. The records shall help establish the chronological history of your innovation in the event that another innovator demonstrates a similar innovation at the same time as you do.
5.File a Provisional Patent Application before the Actual Patent Application
If you are unable to fulfill the requirements of time, money, and effort for getting your invention patented in its first version, you may consider filing a provisional patent application. Filing a provisional patent application is a time-saving and cost-effective solution to safeguard your innovation from theft or violation. It gives you 01 year to collect all the necessary and essential resources to file the actual patent application.
Any invention protected by filing a provisional patent application is given the tag of “pending for a patent.” It implies that even though your invention isn’t fully patented yet, the patent law still protects your ownership of it.
6.Create a Prototype
The government authorities or Patent Office will require a detailed explanation of the invention you wish to protect when you submit a patent application. The patent officer in charge will also question you to evaluate your confidence in your invention’s development. Creating a working prototype for your invention is one of the best ways to demonstrate it properly.
The prototype refers to the model of the original invention and should be capable of imitating it. Consequently, a working prototype shall convince the concerned authorities that the concept is unique in its industry. It is also imperative to attach a written explanation of every element of the invention and how it works with the prototype.
7.Seek Assistance from Professionals
Sometimes a patent application gets rejected just because the filer or inventor couldn’t explain the purpose of his invention effectively. In this scenario, seeking assistance from patent professionals can save you. The most critical aspect of a successful patent application is choosing the right Patent Attorney who is well acquainted with your invention, its underlying technology, its business point of view, and your short-term and long-term goals. Hiring a Patent Lawyer with the required training and expertise shall lay the groundwork for effective communication to explain your invention appropriately.