2017-10-25
Legal protection is an obvious answer to those who have an invention. You have invested a great amount of time and money in coming up with the idea and creating a novel product out of it. But, should you just file for a patent without any further thought?
In reality, the protection you seek for your invention must be considered in relation to the cost of obtaining a patent and the estimated profits. If your invention is estimated to have a short lifespan and patent processing is going to take years, it doesn’t make sense to invest in a patent. However, if the idea has long-term potential in general or through innovation, then patents can be valuable. A patent strategy is important before proceeding to apply for registration. Here are a few tips to help you create a patent strategy.
Consider National Protection First
With a Canadian patent, you only get exclusive rights in Canada. To obtain patent rights beyond Canada, you have to file an application in each country of interest. You may be keen on obtaining worldwide protection, but it is highly recommended to start with your own nation. This is because it is cheaper as compared to international patents and the process also gives you a practical idea of the patentability of your invention.
Do Not Rush To File For Patents
It is understandable that you have an idea and you want to safeguard it as soon as you can. But, rushing to file for a patent is not going to get you anything. Understanding the novelty, non-obviousness, and functional aspects of your invention can be important in determining whether or not to move forward with a patent application. To obtain patents, your invention must be unheard of. A prior art search prior to applying for a patent can give you an idea of patentability. To design and manufacture the invention, you may have revealed details to others. What if the details are spilled or used by others? To prevent this, utilize a non-disclosure agreement. Also, make sure your idea is marketable. You may want to approach individuals or companies nationally and plan the commercial aspects for international patents. There is a balancing act that must take place between when to file for a patent application and when to wait. Patent rights can easily be lost if a patent application is not timely filed. There is a risk that someone else could file for a similar invention that could render your invention unpatentable or a risk that someone could disclose your invention before you file which can negatively impact which countries you can file for patents in.
Be Flexible
Certain patent claims being rejected by an examiner on the basis of prior art is a common scenario when patenting inventions. Your invention may have certain features that are well known or at least spoken about in the past. Along with this, certain claims may be considered unique and also have scope for innovation. You want to protect all of these. Think beyond just your invention and keep your options open. You may want to improve on prior inventions to make them novel or simply obtain a license from the original patent owner to use them in your invention.
There is no single strategy to patents. Your patent strategy highly depends on your invention. However, keeping these basic aspects in mind will help you devise a successful strategy. While this helps, consulting a patent agent is highly recommended when dealing with patents.
