Mistakes that Inventors Make When Attempting to Obtain a Patent

Child holding OOPS signWhen it comes to information and legal standings some people may have a harder time than others. There is an abundance of information out there regarding the legal and personal matters of inventions and what rights inventors have when creating a new or improved creation. However, many inventors tend to make very common mistakes when they first start out with a new idea. One of their biggest mistakes, is not hiring an attorney who is experienced in the patent field to assist.

Using the Invention Publically: Due to the high risk of someone else swooping in and taking over your idea or invention, an attorney would advise that you submit a patent application as soon as possible. Those who choose to use their inventions publicly before submitting a patent application may face others who claim they invented the idea first. There is a twelve-month period from the time that the invention or idea was first used publicly to file for a patent. After this time period, the person basically forfeits their rights to patent. It is advised not to use your idea or creation publicly until patented.

Selling The Invention: When an inventor has created something very amazing and someone else would like to purchase it, that inventor loses all rights to claim a patent unless previously written up in a legal document stating that they retain the rights. Even if sold, the buyer must apply for a patent within the first twelve months or they too will lose all rights to patent or trademark the item.

Research the Intended Patent: Another mistake that many inventors make is not researching their patent fully. Even though there are thousands of ways to find information online, sometimes you will be stonewalled and not allowed into certain access areas or not be able to find exactly what you’re looking for. A professional patent attorney has access and can do the searches necessary to ensure that your patent is not already granted to another.

Filing Provisional Patents Wrong: Although it is recommended to hire a professional who is experienced in filing patent applications, some people choose to file their own provisional patent application. This does not give full rights to anyone, however it does allow the person twelve months to complete their work on their creation and apply for a non-provisional patent. Even though a provisional patent application is fairly easy and straightforward, there are many rules that must be followed in order to obtain a true patent and keep the time limit for the provisional patent.

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