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A strong patent can protect your inventions, deter competitors and fast followers while strengthening your market position. On the other hand, a weak patent can be a costly waste of time for your team. It could also expose your company to expensive lawsuits and erode your competitive advantage.
To get a patent application drafted, portfolio managers typically seek referrals from reputable drafting companies, balancing cost with quality expectations. However, determining the quality of the draft is challenging due to the complexity of the patent language and legal jargon. As a rule of thumb, you generally get what you pay for.
The goal of this article is to simplify things and provide simple, practical tips for securing patents that will last and provide the most business value. Below are five checks to ensure high-quality patent applications:
Related: Create the best patent possible with these 5 tips
1. Extensive coverage
Content coverage is the backbone of a high-quality patent. 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 a strategy that makes it more difficult for competitors to circumvent the protection of the patent.
A key to this is to carefully search and analyze the prior art of those who have similar solutions to ensure that the patent clearly claims the invention. This step is crucial to minimize infringement risks and improve the enforceability of the patent. You want claims that are comprehensive, but not so much that they are invalid.
Additionally, including forward-looking language that covers potential technological developments on the horizon increases the patent’s relevance and protection over time, future-proofing the patent.
2. Emphasize the core of innovation
The core innovation – what sets your invention apart – should be described in detail in the patent application.
This does not mean a brief mention; It is page after page of detailed exploration of the unique aspects, potential applications, and technical specifications of the invention. The author should explore the invention beyond the original disclosure and add depth and breadth to the application. There is always a core innovation that stands out from the crowd and is called the “heart of innovation”. A comprehensive exploration of this point is critical to a comprehensive and defensible patent application.
In some of the patent applications I have copied from other authors, it was disappointing to see that they barely scratched the surface of what made the invention unique. The patent office wants a detailed explanation of the inner workings of an invention around the core of the innovation. Approving poorly drafted applications is another area where good patent counsel is invaluable.
To make sure the patent application hits the mark, take it to the inventor and ask them if their invention is clearly and fully explained. Spend much of the design time on the invention’s key differentiators to provide many different alternatives and technical details.
Related: Top five intellectual property challenges companies face
3. Strategically constructed claims
The core of every patent lies in its claims, which define the limits of its protection. The claims alone define the scope of patent law, while the rest of the draft application simply provides context. Elaborating on these claims requires a nuanced balance: if they are too broad, they risk being rejected. too tight and may not provide adequate protection.
First, compare the claims with the disclosure to make sure nothing was missed. This step could uncover missing elements that, once added, will increase your chances of being granted a patent. Rephrase the claims and consider how an infringer could easily avoid them. They have many claims of varying format and scope to block any competitors that want to rebuild them.
Given the 20-year lifespan of a patent, it is important that the technology it covers remains relevant for at least 10 to 15 years and can adapt to changes in the industry. The goal is to formulate claims that prevent others from circumventing your patent and closing possible legal loopholes. Include innovations that are still on the drawing board and will become relevant in the coming years.
A practical tactic is to examine existing patents in your technology area. This step helps in understanding the approach to damage construction. Such an examination can provide crucial information for examining the claims in the application you are examining. It also helps determine your contribution to the area that should be claimed.
4. Technical and legal competence
A high-quality patent begins with a solid foundation in both the technical area of the invention and the legal framework for patentability. This competency is critical because patent documents can be daunting with their complicated legal jargon and complex technical descriptions.
Patent portfolio managers should seek support from professionals who not only excel in patent law but also have a deep understanding of the relevant technology. Your ability to translate the essence of an innovation into a legally compliant document is what sets a successful patent application apart from the rest. Few patent drafters admit that they lack background knowledge. So find someone who knows your technology.
Before turning to professionals, it is advisable to be well prepared. Check out these six things you should know before hiring a patent attorney!
Related: 11 Ways to Stop Companies From Stealing Your Invention
5. Attention to detail
A patent is a legal document, not marketing material from a genius copywriter. Therefore, a convincing patent application does not shy away from diving deep into the technical aspects.
A high-quality patent delves deeply into the mechanics of the invention and provides many diagrams, carefully explained, to describe in detail the technology for the problems being solved. Visual aids such as diagrams and screenshots help illustrate complex concepts, make them easier to understand, and reinforce the completeness of the application.
Remember that a patent with 10-15 figures explained over dozens of pages with clear descriptions often indicates a robust, well-thought-out application.
The path ahead
Drawing on experience is critical to achieving high quality patent applications. The insights gained from previous submissions, both successes and lessons learned, are invaluable. Patent portfolio managers can use these experiences to refine their strategies for future applications.
A great patent application focuses on the key differentiators from its predecessors with the necessary details to allow others to make and use the invention based on that description. If you have a good technical background for your product, an illustrator can create the right description and numbers that clearly represent your innovation now and in the future.
Additionally, staying informed about the latest developments in patent law, technological innovations and changes in the industry is crucial to keeping patent portfolios robust and relevant.