When should you file for a patent?
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Patents are given to the first inventor that files an application, so it’s in your best interest to file as quickly as possible once you complete creation of your invention just in case another person is creating a similar item. Even if you can prove you invented the item first, you will still miss out on obtaining the patent if another inventor files for the patent before you do. This is basic patent law that keeps inventors from fighting over who gets to keep the patent. Speaking with a patent lawyer will ensure you make the right moves and stay ahead of competing inventors.
You must be careful if filing quickly if you are filing while you’re still in the development process your invention might be missing important features from the patent application. You might have to reapply, adding to your costs, fees and risking running into patent disputes. There are a number of reasons to wait until you are completely ready to file with a completed product and discuss other patent laws with a professional trademark lawyer.
It is also important to avoid any advertising or release information about your invention before you are entirely ready to file for your patent. Releasing information about your invention before filing for a patent might make it impossible to gain a valid patent and cause problems with the possibility of you getting the same rights in other countries around the globe. Patent laws are put in place to protect your invention but you must also be vigilant on keeping everything on the down low until you are able to file. The last thing you want to do is announce your new product before you have spoken to a professional about the patent process. You may have your product stolen right from under you nose by someone who was able to file faster. If you can get a provisional patent application filed, you can protect your invention for up to twelve months and claim the status that there’s a “patent pending” on your invention. In case you haven’t filed for a regular patent application in twelve months, the provisional patent application will expire, your invention will be unprotected during this time. A patent pending application can not turn into a regular regular patent.