08 April 2025
Securing a patent is a critical step in protecting your intellectual property, but many inventors make avoidable mistakes that can jeopardise their applications. Here are some common pitfalls that can weaken—or even invalidate—your patent.
1. Collaborating Without a Legal Agreement
International and multi-organisation collaborations are becoming more common, but failing to establish clear legal agreements can create serious complications. Without a written contract defining ownership rights, contributions, and obligations, disputes over intellectual property can arise, often leading to lost rights or prolonged legal battles.
2. Making Your Innovation Obvious
For an invention to be patentable, it must be novel and non-obvious. If you have already described your invention as an “expected” or “logical” development in a prior research paper, patent examiners may determine that it lacks the necessary level of innovation. Ensuring your invention stands apart from prior art is essential.
3. Relying on Verbal Agreements
Confidentiality is key when developing new technology, but many inventors make the mistake of discussing their ideas without securing proper legal protection. Non-Disclosure Agreements (NDAs) and formal contracts provide enforceable safeguards against unauthorised use or disclosure. Without them, there is little recourse if a collaborator or investor exploits your idea.
4. Using AI to Draft Your Patent Without Legal Review
AI tools can generate patent applications, but they often lack the legal precision required for approval. Patent law has specific language requirements, and a poorly drafted application may result in rejection or weak legal protection. Professional guidance is crucial to ensuring that claims are properly structured and enforceable.
5. Publicly Disclosing Your Invention Before Filing
Patent laws generally require that an invention remains confidential until a patent application is filed. Disclosing key details at conferences, in publications, or on social media before securing protection can render an invention unpatentable. In many jurisdictions, public disclosure prior to filing eliminates the ability to obtain a patent altogether.
6. Submitting a Vague or Incomplete Application
A patent application must describe the invention in enough detail for a person skilled in the field to reproduce it. If critical details are omitted or descriptions are too broad, the patent may be rejected or deemed unenforceable. Precision and thorough documentation are necessary to ensure strong legal protection.
7. Sharing Your Innovation on Social Media
Posting about an invention before filing for protection can be as damaging as publishing research on it. Public disclosure, including social media posts, can prevent patent approval by establishing prior art. Many inventors unknowingly forfeit their rights simply by sharing too much information too soon.
Conclusion
A successful patent application requires careful planning, confidentiality, and legal expertise. Avoiding these common mistakes can mean the difference between securing strong intellectual property protection and losing rights to your own invention. When in doubt, consulting a qualified patent attorney can help safeguard your innovation.
