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How To Create A Bulletproof Patent
1. 8/10/2021 How to Create a Bulletproof Patent | Shawn Nutley | Entrepreneurship
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How to Create a Bulletproof Patent
by shawnnutley | Aug 8, 2021 | Blog, business, entrepreneurship, finance, investing,
Leadership, Shawn Nutley
In this day and age, patent laws are constantly changing and evolving, which means that
there are no guarantees when it comes to patents. That being said, this is of concern to
inventors, in particular, as they might have their innovations commercialized without
receiving any compensation for it. For that reason, inventors are constantly trying to find a
way to write their patent application with the patent agent or attorney in a way that allows
it to survive any sort of challengers.
Indeed, inventors, who are also entrepreneurs, in this case, need foolproof ways to protect
their intellectual property and their ownership of it. This article presents infallible ways to
create a bulletproof patent that will not only hold up in court but also at the Patent Trial
and Appeal Board (PTAB).
Prior art
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Conducting a prior art search involves looking at prior patents and other written
illustrations of inventions and products. This step is very crucial and is worth spending
money and time on as it aids the inventor in refining and improving his or her patent
application, as well as understanding products and ideas that are related to his or her
invention. Prior patents can be looked for using Google Patents and the USPTO (U.S.
Patent and Trademark Office) database.
Claims
It is also very essential for entrepreneurs to rigorously consider their intellectual property
and how it can be commercialized. In point of fact, a lot of inventors only focus on the
invention itself and ignore the border picture: the context of the invention in the market. A
skilled patent agent can help the inventor on that aspect, in addition to what claims should
be stated in the patent application. The stated claims should align with and serve the
market interest, otherwise, the patent will be considered worthless even if the invention
has a lot of potential.
Workarounds and variations
Another way inventors can protect their patents is by coming up with workarounds and
variations of their invention and filing intellectual property applications on these
workarounds. They can also further strengthen their patent by pointing out the most
efficient way to manufacture the invention.
Creating a foolproof patent can be a very challenging and expensive process. By doing so,
however, inventors can protect their intellectual property against any challengers, as well
as receive the compensation they deserve.
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