• Boolean IP Team

Best Practices While Filing a Patent

Updated: Nov 29

Every year the number of patent applications received at patent offices globally increase by a significant amount. Around 275,900 PCT international applications were filed in 2020, up 4% on 2019 despite the global pandemic, maintaining an upward trend since 2010. China has been leading the race in patent filing in the last 5 years. However, despite so many filings in China, recently many patent applications (around 400,00) have been marked as irregular and have been instructed to be withdrawn. Patent filing is a fairly complicated ordeal, and any slightest negligence may result in rejection or abandonment of the patent application. We discuss some of the best practices that must be followed while filing a patent.

Evaluating the Novelty of the Invention before Filing

Novelty identification is the most important step before filing a patent application. As the time and effort is precious, one will tend to lose significant amount of these in case at a later stage it is found the invention/idea is not novel. Any monetary expenses spent during patenting process may also get wasted if one does not identify the invention’s novelty during the initiation itself. A novelty search by searching experts is recommended to evaluate the novelty of the invention which also helps in drafting the claims of the patent and identifying any design around. The novelty search also helps in upfront preparation for Office Responses during examination and prosecution process.

Technology Valuation and Market Research Before Patent Filing

Patent is an expensive investment that demands many types of monetary inputs during patent prosecution and even after the grant of patent such as maintenance fee etc. Since patent provides an exclusive right only in the country where one applies for patent, it becomes of utmost importance that one chooses the countries smartly for patent filing. After all the motive behind taking a patent is monetary gains, either by licensing (or selling) it out or self-manufacturing a product based on the invention; it is a smart move to understand and identify the target market where one would want to sell products based on the invention. Accordingly, a technology valuation and market research is recommended especially for individual inventors or SMEs that have strict budget.

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