Five Things You Need to Do When Trying to Get a Patent

 In Blog

Patents are filed across the UK every single day. According to statistics published by the Intellectual Property Office, 19,250 patent applications were filed in 2019.

Now, the success of any patent applications does depend on several factors, however, there’s something important to keep in mind: without the expertise of patent attorneys representing you, your chances of being granted a patent are slim.

You can choose to represent yourself, but then your chances of success are very slim. It’s estimated that just 6% of self-represented applicants are granted a patent. Even when they are, the limited scope of such patents obstructs commercial viability.

So, how do you maximise your chances of getting your patent granted? By learning the five things that you need to do to get a patent.

1. Having a Strong Application

A successful patent application must be strong. For patent applications to be successful they must:

  • Demonstrate aesthetic design or functional utility
  • Show innovation compared to existing products or designs
  • Provide unique value
  • Be accompanied by a full explanation of the innovation

We’d categorically recommend that you employ expertise of patent attorneys, however if you’re determined to be self-represented, research how to submit a patent application, looking at successful applications, and those that weren’t. Then make sure that you don’t make the same mistakes as unsuccessful applications.

2. Give Yourself Enough Time to Prepare a Patent Application

One of the most common reasons for patents not being granted is a failure to invest enough time to make the application as strong as possible. It’s also common for similar, earlier inventions (or prior art) to invalidate any asserted patent claims.

Well-drafted patent applications that have been meticulously put together over time and that recognise and address prior art have the best chance of success.

3. Understanding How Patents are Granted in the UK and Internationally

Educate yourself on IP law. This varies from country to country and IP is more stringent in some jurisdictions than others. For instance, business process or software patents are often granted in some jurisdictions but seldom in others.

You’ll need to have a considered IP strategy – especially if you’re patenting an invention internationally. Invest time in adapting patent applications to complement IP territory laws and you’ll maximise your chances of being granted a patent.

4. Keep It Confidential

When you’re in the process of applying for a patent, keep it confidential. As any patent attorneys will tell you, once the patent is published, it is in the public domain and cannot be kept secret. But until such time, keep it confidential.

Why? Well, you don’t want someone stealing your idea, filing their own patent, beating you to approval and then making money of your innovation.

5. Get the Support of Skilled Patent Attorneys

The legal document of a UK patent is called a specification. The content of the document decides whether a patent can be granted and the rights of the patentee. To fill the document out correctly, you need the assistance of a skilled patent attorney.

If you don’t intend to appoint a professional representative or legal practitioner, its helpful to consult one. The Chartered Institute of Patent Attorneys can help you to find an attorney in your area. Either way, getting the support of a skilled patent attorney when seeking a patent is invaluable.

If you need help with any help completing and filing patent applications in Leeds, or Yorkshire, Bailey Walsh & Co UK LLP can help you. We have a wealth of experience helping clients successfully obtain patents. Get in touch with us today to find out more.

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