So, you’re getting ready to submit a patent application. It’s crucial to take a step back and make sure you’re not missing the broad picture while you work with your patent attorney to get everything ready for filing. The five main points stated below will assist you in making that determination.  

1. Know why you’re doing what you’re doing.  

Don’t just file a patent because it seems like the right thing to do, as you would with any other area of your firm. Understand the purpose of patents. Participate actively in the process. Here are a few reasons why a patent can be beneficial to your firm to assist you in better grasping this section of the analysis:  

• A patent gives you exclusive rights, allowing you to prosecute infringers.  
• Whether you get a patent or not, filing a patent application serves as a public prior art document for anyone who seeks to patent something similar in the future.  
• A patent, or even a pending application, can serve as a strong disincentive to potential competitors.  
• Your company’s patents are important assets.  
• A patent or patent portfolio demonstrates that you are serious about your intellectual property and can enhance the reputation of your inventors and your organization.  
• A patent can help you bargain more effectively with competitors and licensees.  
• Potential investors or businesses interested in acquiring your company may view filing a patent application to be necessary.  

2. Use the Most Appropriate Filing Method for Your Circumstance.  

When it comes to filing a patent application, you have a variety of options depending on your circumstances. It’s usually a simple decision, but keep in mind that you should think about whether or not to file one or more of the following: 

1. US nonprovisional patent application  
2. US provisional patent application  
3. Foreign patent application  
4. PCT application  
5. US design patent application  

You should also consider the following choices as well:  

1. Prioritization  
2. Petitions to make special based on age or health  
3. Patent Prosecution Highway  

3. Keep constant contact with your patent attorney.  

Your patent attorney makes a living doing this, so he or she is a useful resource throughout the process. Don’t be afraid to ask questions and keep in touch with your advisor during the application process.  

You should be aware of the following, based on how most patent attorneys work:  

• Based on your disclosure, your patent attorney (not you) will construct the final application. The smoother this process will be, the more detailed your disclosure is and the sooner you deliver everything to the attorney.  
• It will take some time for your engineers and inventors to work on this. Your patent attorney cannot read minds and will most likely be unable to effectively explain everything without their assistance.  
• Patent applications necessitate numerous levels of detail, grouped in a specific order, and explained in great depth. All while avoiding specific phrases that, if used incorrectly, can lead to difficulty later. When you include several hundred years of obscure law to consider, it’s evident that the patent attorney will have a lot of work on his or her hands.  
• Make sure you tell your attorney what aspect of your innovation you deem to be “inventive.” What’s the secret ingredient? What distinguishes your approach from that of others?  

4.Before you apply, review the draught version.  

You will be given two draught documents to review before filing: (1) a Word document comprising the specification (also known as the textual description) and the formal claims; and (2) a PDF of the numbered drawings or figures. These can come in a variety of formats, but these are the most frequent. Whatever the case may be, the most important thing is to double-check everything for correctness and completeness. Here are a few things to think about:  

• Is the specification thorough enough to specify every aspect of your innovation so that someone in your place might go ahead and implement it?  
• Is there anything crucial missing?  
• Do the claims appear to be directed at the innovation, in your opinion?  
• Do you think there’s a simple method to design around the claims? Could it be done just as well with a clamp or an adhesive if the claims imply a gadget has two sections that are bolted together? If that’s the case, your competition might notice as well, therefore tell your lawyer!  
• Concentrate on content rather than design. Many elements of a patent application demand strange or awkward wording. If something appears strange, inquire about it. Just be prepared if it’s done on purpose and for a legitimate reason.  

5. Understand the importance of deadlines and timing.  

Your patent attorney can best explain these to you, but keep in mind that there are deadlines and timing issues. Here are a few things to talk about:  

• You can’t file a US patent application once the innovation has been publicly disclosed for more than 12 months (e.g., sold, shown at a trade show, etc.). NOTE: In most other nations, the 12-month grace period does not apply. So, if you go public before filing in the US, you’ll lose your right to file most overseas patent applications straight away.  
• Because of the first point, it’s better to file your patent application before telling anyone about your innovation (other than under a nondisclosure agreement).  
• If you want your patent application to be officially prioritized at the USPTO, you must do so on the day you file. It is not possible to complete it later.  
• Foreign and PCT patent applications must be filed within 12 months of the filing of your first US patent application (provisional or nonprovisional, whichever was first).  
• If you make the application a priority, you should receive a response from the USPTO in 4 to 6 months. If not, the time frame will most likely be 16 to 20 months.  

Conclusion  

Filing a patent application can be a rewarding and enjoyable experience. It can also be inconvenient and time-consuming. Simply remember to take a step back from the day-to-day minutiae and think about the five important areas listed above.