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A strong patent can protect your invention and boost your market position while deterring competitors and fast followers. Conversely, weak patents can be a costly waste of effort for your team. Also, expose your company to costly litigationimpairing competitiveness.
To have a patent application drafted, portfolio managers typically ask the drafter to recommend reputable firms, balancing cost and expected quality. However, the quality of the draft is difficult to judge due to the complexity of patent and legal terminology. As a rule of thumb, you usually get what you pay for.
This article aims to simplify things and provide simple, practical tips to ensure your patents last long enough to provide maximum corporate value. Here are his five checks to ensure a high-quality patent application.
Related: Create the Strongest Patent Possible with These 5 Tips
1. Rich content
Substantive coverage is the backbone of high-quality patents. It’s not just about documenting your invention. It’s about ensuring comprehensive protection.
This requires not only a detailed description of the invention, including alternatives and embodiments, but also strategies to make it difficult for competitors to circumvent the patent’s protection.
The key to achieving this is to meticulously research and analyze the prior art of those with similar solutions to ensure that the patent clearly and unambiguously claims the invention. This step is essential to minimizing the risk of infringement and increasing the enforceability of your patent. It requires extensive claims, but not so much as to invalidate them.
Additionally, the inclusion of forward-looking language that covers the possibility of future technological evolution extends the patent’s relevance and protection over time and future-proofs the patent.
2. Emphasize the core of innovation
The core innovation, or what makes an invention stand out, must be thoroughly described in a patent application.
This is not meant to be mentioned lightly. That means pages that explore in detail the unique aspects, potential applications, and technical specifications of an invention. Drafters should consider their inventions beyond the initial disclosure to add depth and breadth to their applications. There is always a core innovation, called the center of innovation, that separates you from the crowd, and extensive exploration around this point is critical to a broad and defensible patent application.
Unfortunately, the few patent prosecutions I inherited from other originators only scratched the surface of what makes an invention unique. The Patent Office requires a thorough explanation of the internal structure of an invention, which is central to innovation. Getting poorly drafted applications approved is another area where a good patent counselor is invaluable.
To check whether a patent application is on target, inventors run the application and ask whether their invention is clearly and completely described. Spend much of your drafting time focusing on the most important features of your invention to get many different alternatives and technical details.
Related: Top 5 Intellectual Property Challenges Companies Face
3. Strategically constructed arguments
The core of a patent is its claims, which define the boundaries of protection. Only the claims define the scope of the patent, and the rest of the draft application only provides context. Making these claims requires a delicate balance. If it’s too broad, you risk being rejected. If it is too narrow, it may not provide sufficient protection.
First, compare your claims and disclosures to see if anything has been overlooked. This step reveals any missing elements and increases the likelihood of a patent being granted if added. Rewrite your claim, thinking about how the infringer could easily get around it. Block competitors who have many claims of different formats and scopes and try to design around them.
Given that patents have a lifespan of 20 years, it is essential that the technology covered by the patent adapts to changes in the industry and remains relevant for at least 10 to 15 years. The purpose is to prevent others from circumventing your patent and to draft claims that fill potential legal gaps. Include innovations that are still under consideration that will be important in the future.
A practical tactic is to research existing patents in the technology field. This step will help you understand how to approach claim construction. Such a review provides important insight for scrutinizing the claims of the application you are evaluating. It also helps determine your contribution to the area that should be claimed.
4. Technical and legal proficiency
A high-quality patent begins with a solid foundation in both the technical area of the invention and the legal framework governing patentability. This proficiency is critical, as patent documents containing complex legal terminology and complex technical explanations can be daunting.
Patent portfolio managers should seek the assistance of experts who are not only competent in patent law, but also have a deep understanding of the relevant technology. Their ability to translate the essence of an innovation into a legally sound document is what distinguishes successful patent applications from others. Few patent drafters will admit that their background is lacking, so look for someone who is familiar with your technology.
Before consulting a professional, it is wise to be well prepared.check these out 6 things you should know before hiring a patent attorney!
Related: 11 ways to stop companies from plagiarizing your inventions
5. Attention to detail
Patents are legal documents, not marketing materials created by copywriting geniuses. Therefore, a strong patent application does not shy away from digging deep into technical content.
A quality patent will delve deeply into how the invention works and provide many thoughtfully illustrated diagrams to explain the technology in detail for the problem it solves. Visual aids such as diagrams and screenshots can help explain complex concepts, make them easier to understand, and enhance the comprehensiveness of your application.
Remember, a patent with 10 to 15 figures and clear explanations spanning dozens of pages often signifies a robust, well-thought-out application.
The road ahead
Leveraging experience is essential to achieving high-quality patent applications. The wisdom, both successes and lessons learned from previous applications, is invaluable. Patent portfolio managers can use these experiences to hone their strategies for future filings.
A good patent application focuses on key differentiators from earlier applications, with the necessary detail so that others can make and use inventions based on its description. A good technical background of a product provides drafters with good descriptions and diagrams that clearly show current and future innovations.
Additionally, staying informed about the latest developments in patent law, technological innovations, and industry changes is key to keeping your patent portfolio robust and relevant.