In this day and age, patent laws are constantly changing and evolving, which means that there are no guarantees when it comes to patents. That being said, this is of concern to inventors, in particular, as they might have their innovations commercialized without receiving any compensation for it. For that reason, inventors are constantly trying to find a way to write their patent application with the patent agent or attorney in a way that allows it to survive any sort of challengers.
Indeed, inventors, who are also entrepreneurs, in this case, need foolproof ways to protect their intellectual property and their ownership of it. This article presents infallible ways to create a bulletproof patent that will not only hold up in court but also at the Patent Trial and Appeal Board (PTAB).
Prior art
Conducting a prior art search involves looking at prior patents and other written illustrations of inventions and products. This step is very crucial and is worth spending money and time on as it aids the inventor in refining and improving his or her patent application, as well as understanding products and ideas that are related to his or her invention. Prior patents can be looked for using Google Patents and the USPTO (U.S. Patent and Trademark Office) database.
Claims
It is also very essential for entrepreneurs to rigorously consider their intellectual property and how it can be commercialized. In point of fact, a lot of inventors only focus on the invention itself and ignore the border picture: the context of the invention in the market. A skilled patent agent can help the inventor on that aspect, in addition to what claims should be stated in the patent application. The stated claims should align with and serve the market interest, otherwise, the patent will be considered worthless even if the invention has a lot of potential.
Workarounds and variations
Another way inventors can protect their patents is by coming up with workarounds and variations of their invention and filing intellectual property applications on these workarounds. They can also further strengthen their patent by pointing out the most efficient way to manufacture the invention.
Creating a foolproof patent can be a very challenging and expensive process. By doing so, however, inventors can protect their intellectual property against any challengers, as well as receive the compensation they deserve.