Safeguarding your intellectual property is a vital step in creating any great invention; however, ensuring that your patent application is offers the appropriate scope of protection can be a challenge in and of itself. Patent mistakes are far more frequent and difficult to detect than you may think. A single misstep in your patent application process can lead to costly delays or even rejection.  

In this guide, we will cover five of the most common patent errors and how you can avoid them to ensure a smoother patent application journey.

What are the most common patent mistakes? 

So, what can go wrong with patents? There are plenty of patent mistakes inventors must be aware of. From meeting strict deadlines to submitting vague claims, the smallest error in your patent application could prevent you from securing the rights to your invention and jeopardise your ability to protect your intellectual property in competitive markets.

1. Lack of Inventiveness 

One of the most common patent errors someone may experience during the application process is a lack of inventiveness or originality (novelty) in the invention’s claims. Obvious variations of existing concepts, simple design modifications , or combinations of known technologies in a non-inventive configuration will not suffice when attempting to prove inventiveness. 

To ensure a successful application, your patent must demonstrate an inventive step that truly offers a distinct technical advantage and is not obvious to a person skilled in the art. Therefore, your application must emphasise all the unique technical features of your invention, focus on practical improvements, or demonstrate unexpected results. 

2. An unclear, insufficient, or inaccurate description of the concept

One common cause of patent rejection is due to unclear or inaccurate descriptions of the inventive concept. Discrepancies in your invention’s description could lead to unclear claims and, in worst-case scenarios, a rejected patent application. 

Optimal patent descriptions leave no room for ambiguity. Instead, they provide detailed and structured explanations of the invention’s components, functions, and technical advantages. Rather than saturating your description with technical jargon, try to keep the language as precise and simple as possible, including clear definitions and diagrams that help clarify complex concepts. 

3. Failure to meet deadlines 

The simplest reason for a patent application being refused is also easiest to avoid: missing deadlines set by the patent office. You’ll need to adhere to specific and strict application deadlines in any jurisdiction your application is filed in, so make sure to do your research ahead of time.

Although you may be able to request extensions for your patent application, it’s best to create a timeline of important deadlines to proactively manage the process from start to finish. Make note of target dates such as the priority date, publication dates, cut-off for examination responses, and official fee payments. Your professional advisor will inform you of upcoming deadlines, and any available extensions. 

4. Objections raised by the Examiner

Another difficult challenge in the patent application process is the opposition that innovators may face during prosecution. This commonly occurs during the examination phase, as officials may identify deficiencies with the claims of your application. An examiner may cite overly broad or vague claims as an insufficient disclosure of the invention or raise objections to the exclusions to patentability of the invention as reasons that the application may be invalid. 

A professional advisor will be able to assist in responding to objections raised during examination. For example,  the claims may be narrowed to overcome novelty or inventive step objections. We recommend that a thorough prior art search is conducted prior to filing a patent application to identify relevant pieces of prior art. Collecting as much evidence of your invention’s novelty, inventiveness, and industrial applicability and including this in the application can help in overcoming potential objections raised during examination.  This is important as information cannot be added to a patent application at a later date.

5. Failure to pay patent renewal fees

Once you’ve secured your patent, you’ll need to ensure your intellectual property remains protected for years to come. Failure to maintain your patent by paying the relevant renewal fees at the required deadlines will mean your patent will lapse.  In the worst case your invention could irretrievably lapse and then be free for others to use. 

In the UK, patent renewal fees are payable from the fourth anniversary of your patent filing, and must be renewed on an annual basis. Fees for patent renewal increase progressively, so ensure to budget for long-term expenses and set up automatic reminders to avoid any late fees. Alternatively, you could outsource your patent renewal management to a qualified third party, such as a patent attorney, to reduce the risk of an unintentional lapse of protection.

If you or your business require help with your patent application, contact us through our simple online form and an experienced patent attorney will be in touch with you.