Obtaining a Patent is a Delicate Balancing Act

One of the main comments I hear from potential and current clients new to the patent system is the urgency to just get a patent, any patent, and as soon as possible.  However, it’s important for inventors to understand that obtaining a patent can be a balancing act and requires patience to ultimately to get a strong patent issued that is broad enough in scope but narrow enough to overcome the prior art and potential validity challenges, thereby substantially improving the actual value of the issued patent. On one hand, you need enough specificity in the claims of your patent application to help overcome other patents and prior art references, and on the other hand you can’t be too specific so that potential or future competitors can easily work-around the claims of the patent. Hence, the balancing act is comprised of finding a middle ground to what the Examiner at the USPTO will find to be patentable and what the inventor is willing to give up as to the scope of their patent.

According to some patent professionals reviewing USPTO patent issuance statistics, the odds of obtaining a patent is generally 70%*. Given those odds, an inventor’s goals should not be to obtain just any patent, but one that is broad, strong, and enforceable, thereby ultimatly improving its valuation.

As a former patent examiner and practicing Dallas patent attorney, I will be more than happy discuss your ideas and innovations and determine the best course of action for your intellectual property and patent needs.

 

*http://patentlyo.com/patent/2014/09/patents-issued-fiscal.html