Essential Patent Protection Tips from Attorney Spencer

Securing your intellectual property (IP) through patents is crucial in today's innovative business landscape. Whether you're a tech entrepreneur or an inventor, understanding the intricacies of patent law can protect your inventions from potential legal pitfalls. 

In this article, we delve into the expert insights of Spencer, a seasoned patent attorney at Trademarkia. 

He shares essential tips for securing patents and avoiding common mistakes.

Understanding patents: What they are and their applications

A patent grants the owner the exclusive right to make or produce an invention for a term of usually 20 years (15 years for design patents). 

Patents apply to a wide range of fields, from tech and AI to manufacturing processes and compositions of matter. Spencer emphasizes that patents are vital for driving competitive markets and innovation.

"Patents are everywhere you look," Spencer explains. “There's tons of patents in our

smartphones; there's tons of patents for software for Zoom that we're recording on right now.”

Qualifying for a patent: What you need to know

To qualify for a patent, an invention must be new, useful, and non-obvious. It cannot be an abstract idea, like a time machine, or something impossible to make. The invention must also provide practical benefits and drive technological advancement.

A patentable invention would be new, useful, and nonobvious." Spencer notes. "For example you can't get a patent for something like a time machine, perpetual motion machine or perpetual energy machine because those things right now have been proven to be impossible to make.”

Knowing when you need a patent

Determining if you need a patent involves evaluating your invention's novelty and market value. Patents can be costly, so assessing whether the potential benefits justify the investment is essential.

“A patent can add value to your business because it shows that you mean business." Spencer advises. "Investors and potential buyers down the road may see that and value your business in a better manner.”

The patent application process

The patent application process for a utility patent typically takes 18 to 24 months, though it can extend to several years, depending on refusals and office actions. 

There are expedited options, such as Track One, which can complete the process within a year, and special accelerations for applicants over 65, those with health issues, or environmentally friendly inventions.

“So, it can take a long time,” Spencer says. “But with that being said there are FastTrack options; there's one option called Track One where you can pay an extra fee to have your application bumped to the front of the line.”

International patent applications

Spencer often deals with international patent applications through the Patent Cooperation Treaty (PCT). A PCT application simplifies the process of filing patents in multiple countries by providing a unified procedure for preliminary filing.

"I work closely with patent attorneys in different nations," Spencer explains. 

Checking for existing patents

Before filing a patent, it's essential to check if a similar invention already exists. Basic Google searches, Google Patents, and the Espacenet database are good starting points. Due to the complexity of global patent classification systems, hiring a professional for a comprehensive patent search is recommended.

It's always best to hire a professional to do a patent search for you. There's just so many nuances across the global patent platforms." Spencer suggests. 

Avoiding common mistakes

Common mistakes include not fully disclosing all aspects of an invention, waiting too long to file, and prematurely disclosing the invention on public platforms like social media. These errors can jeopardize patent eligibility and lead to legal challenges.

"It's important that you fully disclose every single potential embodiment part," Spencer warns. 

The role of a patent attorney

Patent attorneys help translate your invention into patentable language, ensuring the application meets all legal requirements. They draft the claims, which are the legally protectable parts of the invention, and navigate the complex patenting process.

"My job is to take your invention and change it into patentable language," Spencer explains." 

Protecting your patent with Trademarkia

To safeguard your brand, consider registering your patent with Patent Express by Trademarkia. We ensure comprehensive protection for your patent, reinforcing your claim and preventing legal issues.