Patent No-No’s
When filing for a patent there are many things before and after the process you may want to consider not doing. You may first want to understand that filing for a patent can take some time. The process of filling out the papers can take some work and research. Then once it files it can take years to get an approval back. One thing you want to try not to do is lose patience. If you are filing for a patent you obviously feel that you have something worth placing a patent on. Losing patience can be in the form of rushing your product to market, filing too quickly before you have thought your product all the way through or it may be that you just get tired of waiting and quit working on the project all together.
Once you file the patent you may want to not lose the focus and drive that got you to the place of filing one in the first place. That same passion and drive will be needed to further pursue your ultimate goals for your patented product. Keep focused; never lose that focus and just maybe your chance of success in the long run will increase.
Patent Filing Tougher
So why over the years has filing a patent gotten much tougher? There are several basic factors that have added to this issue. For one, consider how many years the patent system has been in place. Then compound that with the number of applications it receives. Throw in the fact that they say their employees are overworked and behind. This ends up leaving you with a huge back log of applications and at least a 3 year wait for approvals.
Next, take all of those years, compounded with tons of people added to the world’s population, and then you end up finding yourself with more and more people wanting to get some sort of patent on something.
Basically what you have is a system overload. Inventors are not just businesses; they are just average people like you and me at times with a good idea and a desire to see their invention make it to market with a patent seal on it. The system overload should not deter you from pressing on with your ideas though. It should however make you very aware that this process is slow and time consuming.
Patent Application: Timing
If you are in a hurry to get your patent application approved, well sit back and relax, because as of right now it can take nearly 3 years to approve it. That is right, 3 years. That is why so many products make it to market with the words patent pending on them. Companies have no desire to wait until the patent they are trying for is or is not approved. The US Patent Office though is hoping to institute a new system that will allow certain applicants a quicker review of what they submit. Of course they will have to pay more, though how much nobody has said. Companies that are going after green energy patents or something of that nature are being targeted for faster approvals. So as it looks now, not everyone will be able to get their patent in quicker. Most of us as it stands will have to wait the 3 years. So do not be discouraged, you are not the only one that has to wait. But keep posted on any new news coming out of the US Patent Office, it may bode well in the end for everyone.
Patents: Legal Documents
Anytime you decide to file a patent, you must take into consideration that these are legally binding. The documents you file on are set forth by our government and are legally binding. So you will want to take this process very serious. No, it does not mean that you have to hire an attorney to file for you. Certainly hiring one can have advantages though, but can disadvantages as well. A good patent lawyer should know how to word the document properly to assist you in getting your application through faster. They should know the system and the ups and downs of filing. They can also speed up the process by making sure your application is well filled out. The bad part of hiring one can be the cost. You must weigh your own options to make sure you are doing what feels right. Taking it seriously is a must. You do not want to break any governmental laws by not following them after you get your patent. So if you are ready to take your invention to the next level, consider what you will do next. Will you try for a patent? If so, do you hire a professional to do it or not?
Patent Pending
So you have finally made it, you have sent in your application to have your invention scrutinized by the US government in hopes that they will think it is good and original enough to receive a patent. So what do you do while you wait? The wait can sometimes take years depending on the type of patent, how many times you have had to resubmit, and so on.
Well, you could go ahead and market your product under the label patent pending. The risk here would certainly be up to you as to how you would want to handle it. Sure if you get your patent then you will be OK, but if you do not you may be putting your product out there with not a lot of protection.
Different countries vary on how they handle patent pending type products. You should really consider reviewing all the laws regarding this in your area. It could be very important understanding everything before you make a decision as to how you will move forward. Also, if you plan on selling a product similar to a product that has a patent pending label, you may want to brush up on the laws as well.