How Can I Improve the Chances of My Patent Application Being Approved?

Filing a patent application is no small task. For inventors and businesses alike, it represents the culmination of innovation, effort, and sometimes years of research. Understandably, no one wants to see that effort denied or delayed by avoidable mistakes. So, how can you increase the odds that your patent application will actually be approved? While there are no guarantees, there are several key steps you can take to boost your chances of success. Continue reading and reach out to Lemler IP to speak with a seasoned New Orleans, Louisiana patent lawyer to learn more. Here are some of the questions you may have:

What Should I Do Before I File My Patent Application?

The work doesn’t begin with the application itself. It starts long before that. There are two fundamental requirements for obtaining a patent registration. Your invention must be novel and non-obvious. To give your patent application a solid foundation, it is highly recommended that a comprehensive prior art search be carried out. This means researching existing patents and published materials to ensure your invention is truly novel. If every element of your idea has already been patented or described in a single public document, even in a slightly different form, it is likely that your application could be rejected for lack of novelty. Beyond the novelty requirement of your invention being new, the invention must also be non-obvious. This means that your invention would not be found to be an obvious or logical extension of existing patents and published materials by an individual with ordinary skill in the relevant technical field. If combining different existing ideas of making simple modification to a known invention would have inherently resulted in the creation of your idea, it is likely that your application would be rejected for being obvious.

Working with a patent attorney during this phase can make a significant difference. While online searches may help, an attorney can provide a more thorough analysis and help you understand whether your idea stands out enough to warrant protection. This allows you to frame your patent application in a way that highlights the unique and inventive aspects of your idea by encompassing reasons the idea has not been publicly disclosed before and would not have been obvious to someone knowledgeable in the field. Essentially, a prior art search serves as a vital step that provides a realistic assessment of your changes of obtaining a patent application and aids in helping to draft a stronger more comprehensive patent application. In addition, documenting the development process of your invention can also support your case by showing the steps taken to arrive at the final product.

How Can I Improve the Chances of Having My Patent Application?

A well-prepared patent application is detailed, precise, and clear. You will need to include an accurate and comprehensive description of your invention, which includes its purpose, how it works, any unique components or functions it may have, and what the best version of the invention is. The language used must be technical enough to be understood by someone skilled in the field, yet not so vague that the scope of your invention becomes questionable.

Claims are especially critical. These are the legal definitions of your invention’s boundaries. Meaning the claims define the scope of your invention and provides, if approved, the legal right to prevent others from making, selling, and importing your invention into the relevant jurisdiction within the defined limitations reflected in the claims. Vague, overly broad, or contradictory claims are a common reason patent applications get rejected. A seasoned patent attorney can help you draft strong claims that strike the right balance between broad protection and precise definition.

Additionally, if you are making a utility patent application, you must show how the invention is useful, not just new. Demonstrating this utility clearly and directly within the application increases the likelihood of approval. Including illustrations or diagrams can also improve your application, offering visual support to the written descriptions.

Do I Need a Patent Attorney to Get Approved?

Technically, no, you are not required to have an attorney to file a patent application with the United States Patent and Trademark Office (USPTO). However, the patent process is highly technical and procedural. Missing a single detail or failing to follow USPTO guidelines can delay your application, or worse, result in a denial. Furthermore, the language used in patent claims is a highly specialized and precise form of legal and technical writing designed to define the exact boundaries of an invention. Think of it not as descriptive prose, but as the legal “property deed” for an idea. This unique purpose means that words and phrasing are used in ways that are intentionally different from everyday English. Additionally, certain common words (such as “A,” “An,” “The,” “Comprising,” and “Consisting”) have evolved into “terms of art” in patent law, with each carrying specific legal weight that is critical for interpreting the scope of a claim.

An experienced Louisiana intellectual property attorney understands the nuances of both federal and state-level intellectual property concerns. They can help you avoid common pitfalls, respond effectively to office actions, and advocate for your application throughout the examination process.

In the end, working with a knowledgeable professional may be the difference between a frustrating rejection and a successful patent grant.