OVERVIEW OF THE PATENT PROCESS LIFE CYCLE

Additional Patent Life Cycle Focus 

Ask Yourself, Do You Really Need A Patent? 

Applying for a patent is a legal process governed by strict timelines and it is often difficult to prosecute a patent without a patent attorney. The process takes significant time to identify your invention, develop your invention disclosure, check that disclosure against the prior art, and eventually file and prosecute your patent. If successful in the patent process life cycle, your patent issues and you must maintain and enforce that patent registration. Maintenance occurs in the form of paying the patent office fees to keep your patent alive, and enforcement occurs by sending out demand letters and, if necessary, filing patent infringement litigation. Simply, owning and maintain a patent is a time consuming and often expensive process. You must decide whether you really need a patent, and some of the questions you might ask yourself include the following:

• What Is The Total Cost Of A Patent? Have you fully researched the total cost of ownership in the patenting process, including all renewal fees and foreign application fees, if applicable? You must believe your patented invention will bring an economic return that justifies the cost of the patenting process. 

• When Should You File A Patent? Once you file a patent, you can’t stop the process. It’s a continual process and does not stop until a patent issues or the patent application is finally refused by the patent office. While it’s not a constant process, it is a long process with specific deadlines which often cannot be altered or delayed. Our Dallas patent attorneys can advise you on the patenting process.

• Does Your Invention Have A Short Product Life Cycle? The patenting process typically takes two (2) to four (4) years. Any inventions directed towards a “trendy” concept could be gone before your patent even issues. In a highly competitive and dynamic market, your invention could be obsolesced by the time it issues or simply just not be worthwhile once granted. 

• Do You Have Funds To Enforce Your Patent? While some patent firms will take patent infringement on contingency, you may have to foot the cost of stopping patent infringement. Importantly, if you don’t timely enforce your patent once the infringement is known, laches may occur which could prevent you from asserting your patent rights against an infringer because you simply waited too long to file litigation. 

• How Easy Will It Be To Invalid Your Patent? While nobody has a crystal ball, one must assume that in any litigation a patent infringer will file a counter claim of patent invalidity. Invalidity simply means that the infringer will claim that patent is invalid and unenforceable either because i) it already existed in the prior art; or ii) you committed inequitable conduct at the patent office (e.g. you failed to disclose prior art or did not list an inventor, etc.) You will need a patent attorney's advice on the strength of your claims and the enforceability of your patent. If a competitor invalidates your patent, you will be left with nothing. Our Dallas patent attorneys can assist you in defending invalidity challenges to your patent.