The patent application process: 4 common mistakes to avoid

If you want to profit from an innovative creation or at the very least, receive proper recognition for your invention obtaining a patent is essential to secure your intellectual property rights. However, the patent application process is often lengthy, complex, and costly, and must be pursued in each country where protection is sought. 

Before starting your patenting journey, it is important to take a step back and ensure you do not unintentionally create obstacles that could hinder your success. 

Make sure the invention is patentable

Patents provide territorial protection, meaning they only grant rights in the country or region where the patent is issued. In most jurisdictions, three core criteria must be met for a patent to be granted: the invention must be novel, non-obvious (inventive), and useful (industrially applicable).

However, these criteria can be interpreted differently across countries, and there are ongoing debates regarding the patentability of certain subject matter, such as animals, plants, or genetic material (DNA).

For this reason, before beginning the patent application process, it is essential to determine where you intend to seek protection and verify that your invention meets the specific patentability requirements in each of those jurisdictions.

Make sure no one else thought of the idea first

Patents are only granted for new inventions that can be commercialized. If any information about your invention has been made public at any time, it may invalidate your patent application. Such evidence is known as prior art. Before filing, it is essential to conduct a thorough prior art search to confirm that your idea is truly novel.

Prior art can take many forms. It may include an existing patent, a university thesis, a scientific publication, a website, or even a social media post. In some cases, it can be far less conventional ranging from historical artifacts to informal disclosures.

According to the European Patent Office (EPO), prior art does not even need to exist in a physical format. It is sufficient that someone, somewhere, at some point in time has described, demonstrated, or disclosed a technology that is substantially similar to your invention.

You can begin with an initial prior art search on your own. Start by identifying all the possible ways your invention could be described or classified, and use these variations to search online to determine whether similar ideas already exist. 

You can explore patent databases from national IP offices, such as the United States Patent and Trademark Office or the European Patent Office, which provide searchable records of published applications and granted patents. You can also use Google Patents to gain a broader, international overview of existing patents. 

If your initial search does not reveal any relevant prior art, it is advisable to engage a professional patent search provider, such as Questel. The depth, accuracy, and methodology used by experienced professionals far exceed what can typically be achieved through a basic search. This level of rigor is particularly valuable if you intend to pursue international patent protection, where the stakes and potential costs are significantly higher. 

Don’t talk about your invention!

You may be excited about your invention, but if you want to successfully obtain a patent, you must ensure it does not become public knowledge too early, as this could be considered prior art and jeopardize your application. 

A practical way to protect your idea is to use a non-disclosure agreement (NDA) before sharing any details. This applies to anyone involved in testing, developing, or evaluating your invention, as well as any patent search or agents assisting with searches or filings. 

Note: In the United States, you generally do not need to request a separate confidentiality agreement from a patent attorney or agent. Under Title 37 of U.S. federal law, they are legally required to treat your information as confidential, even if you are only a prospective client. In other jurisdictions, however, local laws may differ, so it is important to verify the applicable confidentiality requirements before disclosing your invention. 

Don’t write an ineffective patent application

Once you are confident that your invention is patentable, you can begin preparing your patent application. Whether you are drafting it yourself or providing information to a patent attorney or agent, it is essential to describe your invention in a way that is clear, precise, and understandable to a non-expert audience. 

• Processes that may seem obvious to you may not be clear to a patent examiner or legal professional. It is essential to describe each step in detail, ensuring full clarity and precision.
• Technical terminology that feels natural to you may be unclear or overly complex for others. Be sure to define and explain any specialized terms that are not considered common knowledge.
• Illustrations are useful, but they cannot compensate for a lack of detailed written description. They should support and complement the text, not replace it.
• The key takeaway is that making assumptions about the reader’s knowledge is risky. A patent is a legal document, and its wording can be decisive in both protecting your rights and resolving disputes. To give your invention the best possible chance of success, ensure that your application is complete, precise, and leaves no ambiguity.

Patent translation considerations

Once you have determined where to file your patent application, it is essential to assess the translation requirements for each jurisdiction. While many U.S. firms offer certified translation services, only a limited number specialize in patent translations, and even fewer rely on native-language experts with the technical and linguistic expertise needed to handle complex fields such as nanotechnology or biotechnology.

However, even this level of expertise may not be sufficient. The most accurate patent translations require not only linguistic precision but also a deep understanding of legal frameworks and technical subject matter. Translators, editors, and project managers alone may not fully capture the legal nuances, particularly those related to patent claims, which are critical to defining the scope of protection.

For this reason, Questel integrates native-language patent attorneys into the translation process. These experts oversee, review, and refine each translation to ensure it meets the highest standards of legal accuracy, technical consistency, and jurisdictional compliance. This approach reflects the widely held view among patent professionals that achieving high-quality patent translations requires the direct involvement of qualified patent lawyers.

Compromising on patent translation costs should never mean compromising on quality. One critical aspect that should not be overlooked is ensuring that your translated patent applications are thoroughly reviewed by a qualified patent attorney in the target jurisdiction before filing. 

This step is essential to guarantee legal accuracy, preserve the intended scope of protection, and ensure compliance with local patent laws and practices. Skipping this level of review may lead to misinterpretations, weakened claims, or even costly disputes down the line. 

Find out how we could support your team with our dedicated, end-to-end patent filing and translation services, by scheduling a call with one of our team today.