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What are the 5 common mistakes while registering your patent?

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John
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 John
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What are the 5 common mistakes while registering your patent?

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IP Geek
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While it is inaccurate to say that these mistakes are the most common, the following pop-up repeatedly as problems during a patent filing;

  1. Patenting Business Ideas: Many people have the misconception that a business idea or a business concept can be patented. This is not true- patents are granted only to technology-related products and processes that are regarded as invention. A business idea can be patentable only when it has some level of technological advancement. 
  2. Delay in filing patent applications: Once an invention is in the public domain, it generally loses the ability to be patented. Therefore, an inventor should file a patent application before any publication of his/her invention.
  3. Filing Defective Provisional Application: A provisional application provides a foundation for an enforceable patent and provides a convenient way to obtain a priority date for an invention. Though provisional applications have fewer legal requirements, such applications must completely disclose the invention in order to obtain a useful priority date. A hastily drafted provisional application can omit essential elements of an invention, which may lead to loss of priority for novel/inventive elements when complete specification for the invention is filed. 
  4. Submitting vague complete specifications: Getting a patent granted is not easy, and the invention needs to be as airtight as possible. While drafting a patent specification, explaining structural invention is more important than explaining functionality of the product. Therefore, components of the invention, their configuration, and their structure must be described clearly and completely. Any ambiguity in the patent specification and use of language which is non-specific should be avoided.
  5. Not conducting a proper patent search: Many patents get invalidated by the patent search at the Patent Office, resulting in considerable loss of time and money. Therefore, a patentability search is conducted before filing a patent application. While conducting a patentability search, certain prior arts are identified to form an opinion on novelty, non-obviousness/inventive step, and industrial applicability of the invention in order to determine viability to obtain a patent. A patentability search can save both money and time for the applicant in case the invention is not viable.
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