Patent Process for Inventors & Entrepreneurs – A Complete Guide

Read this complete guide to know the patent Process for Inventors & Entrepreneurs. You can be an experienced inventor or a budding entrepreneur who is going out on your own. The best thing you can do is to acquaint yourself with the procedures and concepts associated with protecting your inventions. Obtaining patents is not easy for novices and inventors who are unaccustomed with the patent process.

Often, it is difficult to navigate the patent process for inventors. The process is complex and includes various nuances for the entrepreneur-inventor, particularly for first-time filers. During such times, it is a good idea to have a reliable patent attorney who can not only help guide you through the process but also assist you learn about invaluable lessons in general. Here are the top four things that patent attorneys believe can be useful to entrepreneur-inventors:

Reveal More

Inventors generally have the tendency to keep their inventions and related details under wraps till they obtain a patent. However, this can be risky, particularly while attorneys are striving to stick to the “Best Mode Requirement”. Notably, several inventors are unacquainted with this requirement and choose to withhold information to keep others from copying their invention. It is essential for entrepreneurs to know what is included in this requirement. Notably, to obtain a patent, an inventor must disclose any preferences relating to the invention in detail, and not doing so might be a mistake. Since the preference would be listed on the patent, the inventor would own that preference. Therefore, it is a good idea to reveal more for a better-quality patent, as withholding information might allow someone else to claim that preference.

PHOSITA Test

At times entrepreneurs forget that to obtain a patent, the invention must not only be novel, but also not be obvious. Patent attorneys have an expertise in IP law pertaining to securing and protecting IP, inventors on the other hand do not necessarily have the same level of IP expertise.

A person having ordinary skill in the art (PHOSITA) can be a difficult concept for some inventors to understand. Essentially, it is a concept used in a court of law when developing a patent. It helps ascertain the viability of an invention based on the skills and expertise of those having very specialized training in niche areas. When the USPTO looks at the inventive steps required to successfully obtain a patent, they examine your invention to see if it is obvious, or if a PHOSITA could have come up with the idea. Therefore, when you understand what is and is not considered obvious, you can begin developing a specification and claim(s) with them that will pass the PHOSITA test.

A Pragmatic Approach

Inventors often believe that their invention is novel and unique. However, according to patent attorneys this is not necessarily the case. Hence, you need to understand the application process, the cost, time and number of revisions that are likely to occur. Furthermore, it is advisable to ask your attorneys to explain their viewpoint, background and expertise in the area to justify their recommendations. Knowing that the attorney you are working with possesses sound technical knowledge helps reassure you that they not only know what they were doing but are also making right recommendations.

Venture into New Markets

It is important to work with an attorney that will help you expand your options wherever they see value. Therefore, it is advisable to hire one that encourages you to file abroad in markets where they see fit. Though not all countries are a great option for every inventor-entrepreneur, investing in some high growth markets such as China, where IP theft is common, makes sense. Every entrepreneur-inventor should know that IP protection is a crucial aspect of any business’ growth plans. By effectively understanding the processes needed to obtain a patent and setting realistic expectations, Your patent attorney can act as an invaluable resource for protecting your IP by understanding patent process for inventors and setting the right expectations.

Conclusion – Patent Process

Patent process is not so simple, and it goes a long way to educating entrepreneur-inventors to make them better contributors as well as business savvy consumers. Moreover, even if entrepreneur-inventors like you never plan on drafting your own patent application, the more educated you are on what goes into a patent application and how it is drafted, the better the position you will be in to provide the right information to your patent attorney. At Sagacious IP, we offer best-in-class patent drafting services that help you focus on your core business. For more details, click here.

-The IPMS and Editorial Team

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