When Should You Start Filing for Your Patent?

If you ask who invented the telephone, most people name Alexander Graham Bell. However, the more accurate story is that Bell received the first patent trademark. There were several other inventors pursuing similar paths to the telephone, such as Antonio Meucci and Elisha Gray. In fact, Gray’s attorney allegedly applied for a patent on the same day as Bell’s.

The controversy surrounding the true first inventor of the telephone illustrates one of the most important principles of patent law: being the first to file. Some inventors might scoff at this and point out that fame and going down in history books is not the reason for their inventions. However, it’s important to note that when two inventions are too similar, only one might make it through the approval process.

In other words, an inventor could spend years developing and perfecting an invention, but if a peer makes it to the front of the line first, that patent might go through and delay all others. The inventions next in line might even get denied, compelling inventors to make profound changes to obtain patent protection and/or not infringe.

Great minds do, in fact, often think alike, so the best time to start the filing process is as soon as you have tangible and qualifying intellectual property. Our attorneys at Myers Law Group can work with you to determine if your invention meets this requirement. If not, we can provide you with information to help you get it there.

Not all inventors are brilliant engineers or technological genius. For every brilliant scientist with skills already at his disposal, there are probably 10 people with imaginative minds who need additional assistance bringing an invention to life. In fact, even a brilliant professional might need additional expertise to bring an idea to fruition.

These instances can make preventing disclosures difficult or even impossible. For this very reason, many inventions stall because inventors worry that someone else might steal the idea. This is a very real possibility, but attorneys can help you put measures in place to safeguard your work while you develop it. Here are some of the many reasons this is so important.

Apple makes the most sought-after smartphone in the world. What many people don’t know is that its largest competitor is also the largest supplier of the parts for the phone. This partnership has led to multiple lawsuits, particularly by Apple, suing Samsung for using the same technology in its own phones.

Did Samsung truly steal Apple’s idea if it’s using its own parts or is Apple the thief suing proactively? Courts around the world have had varying opinions on this and ruled accordingly. The bottom line is this: sharing inventions in any capacity opens up the possibility for that technology to get into competitors’ hands so put protections in place.

If you disclose your invention or it makes it into the public eye by other means, you now have only one year to file a patent in the United States. In many other countries, your patent must be filed prior to any disclosure or all rights are lost. This grace period offers both leeway and protection, but it also enforces a deadline. As many inventors tell us, sometimes there is no rushing that final break-through that takes the project to the next level.

Note that no matter how careful you are, disclosure can happen to anyone. Cybercriminals could get into your hard drive. A trusted contractor might also have lax rules about storing confidential information. This is why filing as soon as possible is so important.

It is possible to complete the filing process without an attorney, but this is risky. One wrong move could cost you billions of dollars in the future if you neglect to include the right information and someone uses this loophole to profit from your idea. The patent trademark process is also long.

It can become costly if you do not take all the necessary steps to file a patent application right away. Waiting too long or starting the process and stopping halfway can also add up. Therefore, if you are eager to file for a patent, contact The Myers Law Group as soon as possible.