If you have an invention that you want to protect, the process can be long and complicated. But don’t worry- we are here to help. In this article, we will go through some of the most common patent drafting mistakes people make when drafting their patent applications so that you can avoid them.
7 Common Patent Drafting Mistakes To Take Care of
No matter how intricately you draft your patent application, there is always scope for making mistakes. Some of the mistakes can have an impact on the enforcement of patents – which is why you need to be careful during this entire process. Take a look at the common patent drafting mistakes to avoid.
Lack of Technical Expertise
Drafting a patent application requires you to have techno-legal knowledge. One of the mistakes that can be made when drafting a patent is a lack of technical expertise. It is a problem if you are not familiar with the technology involved in the invention.
Another mistake that you can make is failing to adequately search for prior art. It can lead to the rejection of your patent application. Thus it is essential to do a thorough search of the prior art before drafting your patent application.
Finally, another mistake is failing to understand the claims process. The claims process is one of the most important aspects of patent law, and if you do not understand it, you could end up wasting a lot of time and money. Make sure to consult with a patent attorney or agent who can help you navigate the claims process.
Lack of Claim Support
One of the most common mistakes that an applicant can during the patent drafting process is a lack of claim support. In order to avoid the mistake, it is important to make sure that there is adequate support in the written description and drawings for each claim. Without sufficient support, a claim is deemed to be invalid by the court.
Lack of Specification Support
When you are drafting a patent application, be sure to include plenty of support for your claims in the specification. Without this support, your claims are more likely to be rejected by the patent office. So, take time to flesh out your invention in the specification and include as much as details as possible.
Another common patent drafting mistake is the lack of enabling disclosure. An enabling disclosure is needed to show how to make and use the invention. Without it, the patent office will not grant a patent.
Failing to file a timely patent application
Most of the applicants fail to file a timely patent application. The patent law requires that an application be filed within one year of the date of public disclosure. It can include presentations, papers, articles posters, lectures, and even offers for sale. If you wait too long to file your application, you may lose the ability to obtain a patent altogether.
Another common mistake is failing to properly describe the invention. The specifications must include a written description of the invention that is sufficient to enable a person skilled in the art to make and use the invention. The description must include any patent drawings necessary to understand the invention.
Failing to conduct a prior art search
Another common mistake that an inventor makes is failing to do a thorough prior art search. They are important because they help you determine whether your invention is novel and non-obvious. If you don’t do a thorough prior art search, you might end up spending a lot of time and money on a patent that’s not worth anything.
There are a few different ways to conduct a prior art search. You can search online, using databases like Google Patents or USPTO website. You can also search through a physical database like the USTPO’s public search facility. Finally, you can hire a professional patent searcher to do a comprehensive search for you.
Whichever way you choose to conduct your prior art search, it is important to be as thorough as possible. This means searching through all relevant databases and using multiple keywords. It is also a good idea to consult with a patent attorney or agent to help you interpret the results of your search.
Not Claiming the Broadest Possible Scope
Not claiming the broadest possible scope is another patent drafting mistake that an applicant may make. This could limit the potential market for your invention and make it easier for competitors to work around your patent.
When writing your claims, make sure to cover all of the features of your invention that you want to protect. It is also important to think about how your invention could be used in the future and include those potential uses in your claims.
If you are not sure whether or not you have claimed the broadest possible scope, it is good to have a patent attorney or agent review your application before you file it.
Hire PDC To Avoid Patent Drafting Mistakes
Patent Drafting Catalyst can help you in creating high-quality and error-free patent drafts and eliminates the scope of committing any sort of error. Our team of experts has years of experience navigating the complexities of creating a patent draft. Our clientele is spread across the globe. To know more about us or our services, get in touch with us.