Five Signs That Your Patent Sucks
Disclaimer
Before diving into the signs that your patent might fall short, it’s important to note that these indicators don’t automatically mean you have a bad patent.
Depending on your goals—whether it's simply achieving patent pending status or getting any claim allowed—a patent that exhibits some of these issues might still meet your needs. However, if your patent consistently demonstrates several of the following shortcomings, there's a strong chance it may not be as effective or valuable as it could be.
Assessing these factors critically can help you determine if your patent truly serves its intended purpose.
1. Under 20 Claims
In the U.S., your patent application includes up to 20 claims with the filing fee, and additional claims cost extra. Given this, filing fewer than 20 claims can be a missed opportunity. Each claim should ideally cover a different aspect or variation of your invention, providing broader protection and enhancing your patent's value.
Limiting yourself to fewer claims may restrict your patent's scope and leave gaps that competitors could exploit. To maximize your patent's potential and safeguard your invention comprehensively, it’s wise to fully utilize the 20-claim allowance and ensure robust protection for your intellectual property.
2. Unclear Drawings
Effective patent drawings should clearly convey the essence of your invention, ideally allowing someone to grasp its main concept from the first image. If the initial drawing is ambiguous or doesn’t clearly illustrate how the invention operates, it can undermine your patent's clarity and enforceability.
For instance, if your patent's drawings are cluttered or lack detail, they may fail to communicate the invention's functionality or unique aspects effectively.
Ensure your drawings are well-organized and provide a straightforward depiction of how your invention works. This visual clarity is crucial for understanding and protecting your invention’s core innovations.
3. Ten Pages
A patent document that is fewer than 10 pages often signals potential issues with claim support and flexibility. For robust protection, a detailed description is essential as it provides the basis for the claims and their interpretation. If your patent lacks sufficient detail, the claims may be overly narrow, limiting their scope to a single interpretation.
This lack of detail can also hinder your ability to amend the claims effectively. During prosecution, you might need to adjust your claims to address prior art or refine your invention’s protection. A concise patent with insufficient variation descriptions can severely restrict your options for these adjustments.
To ensure comprehensive protection and adaptability, your patent should include a thorough and detailed description, offering multiple variations and embodiments of your invention. This approach helps secure broader protection and facilitates necessary amendments during the patent process.
4. Patent Bots Rating
Third party software 'Patent Bots' provides a quick assessment of your patent application by checking for numbering errors, antecedent basis errors, and word support issues. While these checks are automated and may not catch every nuance, the ratings can still offer valuable insights into your patent’s quality.
Especially when looking at hundreds of patents for the same practitioner, the scores from Patent Bots have proven to be a reliable indicator of overall patent quality. Although not infallible, a high score generally reflects a well-organized and thoroughly reviewed application. Using Patent Bots can help identify common pitfalls and ensure your patent meets essential formatting and consistency standards.
5. 112 Rejections
A key indicator that your patent might be poorly drafted is a history of 112 rejections. In the U.S. patent system, Section 112 rejections come in two types: 112(a) and 112(b).
A 112(a) rejection indicates a lack of written description, meaning the patent’s claims and accompanying description are not clear or complete enough. This usually points to inadequate detailing of the invention.
On the other hand, a 112(b) rejection signifies that the claims are unclear or indefinite, making it difficult to determine the exact scope of protection.
Frequent occurrences of these rejections in your file history suggest that the patent drafting may have been subpar. To avoid these issues, ensure your patent is meticulously drafted with a clear, comprehensive description and unambiguous claims. Addressing these concerns upfront can significantly enhance your patent’s quality and likelihood of approval.
Evan Martin
Evan Martin is an intellectual property attorney with a background in electrical engineering. Evan has worked with hundreds of small businesses, medium sized businesses, and large corporations bringing them from an initial idea to a granted patent.
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