5 Deadly Mistakes When Applying for a Patent

von Dr. Meyer-Dulheuer & Partners LLP

Contrary to popular opinion, the success of a patent is mainly decided during the very first steps of the patent application. In order for your application to be successful there are a few things you should know, otherwise all the hard work might have been in vain. Mistakes that you make when applying for an EU-patent can even lead to the patent’s denial or someday be held up against you. This is why we show you 5 mistakes to definitely avoid when filing a patent application.

1. Your Invention Isn’t Novel

A lot of patent applications are filed even though the involved inventions are not actually novel. Because a patent is an examined protective right the patent office could then deny the grant of your patent and all effort and investment would have been in vain. For this reason we you should do an elaborate research or have someone do it for you. Having an expert do the research can guarantee the highest level of security. But there is also the possibility of doing your own research by looking up free databases, like the ones that can be found on the homepage of the European Patent Office, Espacenet or even using Google’s own patent search engine.

2. The Invention Isn’t Kept Secret in the Run-Up to the Patent Application

It is very important to tell nobody about your invention before you have actually applied for a patent! Keep your invention secret and do not reveal it to third parties before the application is filed. A patent application is only legally valid if the invention hasn’t been revealed to another person, who hasn’t been sworn to secrecy, before the day of the application. If there is the necessity to inform third parties about your invention though, use a confidentiality statement to be on the safe side ...

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