When Does Your Business Need to Get a Patent for Your Invention?

Many businesses wonder when their invention needs to be patented. If you already have figured out all the necessaries to your new invention and your business needs a little more pressure than it is already facing, I need to tell you something that can be very important. The best time to fill out your patent is probably right now.

Scott Thorpe of Kunzler, Needham, Massey & Thorpe says that the best time to file for a new patent is when the company understands the key elements of their new product. Filing a patent as soon as the product idea is able to withstand scrutiny shows an undisputed date of invention for the business. Many other inventors are trying to solve the same problems with similar approaches based off of similar case studies and research, so it is likely that some of them are going to try to raise a claim that your invention is a copy of theirs.

With patent disputes, being the first is almost always the most important factor in determining or not you will be the victor. If they file first, this can limit the scope of your invention which can obviously cause serious problems for you later on. This may happen even if your invention is fairly different from theirs.

It is Difficult to Get a Recognized After the Date of Invention Application

Mr. Thorpe also says it is possible for inventors to have an invention prior to the patent application date and that the term “undisputed” as used in the paragraph above only works in theory. This can be an advantage to an inventor in a patent dispute even if they filed later than the other applicant.

However, this is difficult to do. It requires due diligence and proof that the product development process was continuous and ongoing. Even if they are able to show this documentation to the U.S. Patent and Trademark Office, they may only be granted a date of invention up to six months prior to the date of application.

The information provided in this article is based off of advice given by Scott Thorpe. If you would like more information, please visit his website at Kunzler, Needham, Massey & Thorpe at http://utahpatentlaw.com/.

Last Updated (07 August 2010)