The three most common patent application mistakes are failing to meet the USPTO's drawing requirements, failing to pay the necessary filing fees, and sending the application to the wrong office. Any one of these can get your application rejected before it ever reaches an examiner. Here is what to watch for and how to avoid them.
It’s exciting to officially establish a patent. However, if you’ve never submitted a patent application before, it can be challenging to navigate the process and you’re at greater risk for making a mistake. Below are common patent mistakes that you do not want to make.
What happens if I make a mistake on my patent application?
There are three patent application mistakes that are commonly made by small businesses, entrepreneurs, and inventors operating on their own behalf. Unfortunately, any of these mistakes can result in your patent application being rejected in the USPTO Application Assistant Unit’s initial review. This ultimately means that your patent may never go in front of the examiner.
Consider the three following issues that many first-time patent applications make to keep from making these same mistakes yourself:
- Failing to meet drawing requirements. When you’re filing a patent application, you need to include drawings that meet the Manual of Patent Examination Procedure (MPEP) requirements. You also need to provide brief descriptions of the drawings as required by the MPEP.
- Failing to pay the necessary fees. It’s vital when you file your patent application that you not only properly inform the USPTO what fees you intend to pay but also that you completely pay these necessary fees.
- Sending the patent application to the wrong place. Sometimes a patent applicant may send their application to the wrong destination. For example, rather than sending the application to the USPTO, the applicant may send their application to the U.S. Copyright Office. This is a costly error because you haven’t officially patented or legally protected your invention and you’ve now disclosed your invention publicly. After you’ve publicly disclosed your invention, you have exactly one year to file a patent application. Sadly for some inventors, it may have been a year by the time you’ve recognized your mistake.
Looking for patent lawyers in your area?
According to a recent survey, patents are strongly used across 12 industries. However, it can be tricky to navigate the patent process if you’ve never undergone patent protection before. That’s where patent lawyers come in.
The patent attorneys of Eldredge Law Firm can help you navigate the international patent process and understand intellectual property practices in the event of an intellectual property issue. To learn more about patent applications or to schedule a consultation, contact the law offices of Eldredge Law Firm today.
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