The world of intellectual property can be quite confusing to ordinary people. There are so many forms, procedures, and data that require careful understanding while the inventor applies for a patent. It does not end there. There are also many litigations and restrictions throughout the patent lifecycle. Sometimes people tend to misinterpret information and pass it on. This has led to myths that may seem right at first sight but turn out to be misleading information. This article will help you to identify and distinguish some common patent myths.
Myth 1: You cannot patent innovations in existing technologies
At first thought, an inventor might think that his innovation is a mere improvement of an already patented technology. Hence, the invention is not patentable. However, on a closer look, he can patent a new usage of existing technology as long as the usage is not obvious.
An inventor can also obtain patents if the new product is a combination of an already existing patented product. However, the combination should be non-obvious. He can also patent a similar product as long as the differences between the products are not obvious to any person skilled in that sector.
Myth 2: There are no competitors in my business. Hence, I don’t need a patent for my product
If your invention has good commercial value, new competitors will arise, irrespective of the novelty of your invention. Generally, novel and radical inventions get a competitive edge in the market. However, it is a matter of a few months before similar products crop up in the market. Hence, obtaining a patent will grant you the exclusive right to manufacture, sell, or market your product and prevent competitors from infringing your patent.
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Myth 3: Patent offers protection to all illustrated drawings in it
It is a prevalent myth that appears like truth at first sight. Inventors use drawings in a patent to illustrate and give examples about the invention. They tend to think that the illustrations in the patent are protected as well. But patent protection is mostly bound to the “claims” of the patent. The claims may or may not cover the illustrated drawings. Though interpreting claims are complicated, the inventor should carefully design the claims of the patent to prevent any infringement and litigations.
Myth 4: Patents will fend off infringers
A general assumption is that acquiring a patent will protect your product from infringers. Unfortunately, patents will not stop infringers from copying your process or product. Infringers will surface from time to time.
However, the patent acts as a legal document proving the invention belongs to the holder. It is the responsibility of the patent holder to use the patent rights wisely when there is patent infringement. Hence, the patent holder can file a case against the infringer. Often, the patent holder becomes eligible for monetary litigations from the infringer after the court proceedings.
Myth 5: Patents protect inventions across the globe
People generally assume once they patent an invention, the patent stands valid worldwide. The truth is patents are limited within a country. The inventor can only protect the patent in countries he has filed for patent protection. For example, a person who has a patent for a particular product in Germany cannot interfere if someone uses the product in India. However, inventors can file patent applications under the Patent Co-operation Treaty (PCT) to seek protection in around 140 countries through a single application.
Myth 6: Patents have a role only in legal proceedings
Many organizations tend to believe that they can use patents only to identify infringers and claim the invention legally during court proceedings. Often, they forget to recognize the impact patents can have on the organization’s market value. Organizations with a strong patent portfolio attract more investors due to their active research and development activities. Patented products also establish trust among consumers and thereby promote product sales. Hence, the general perception that one can use patents only for legal proceedings is a myth.
Myth 7: Ideas are patentable
Though ideas are the basis of an invention, we cannot patent a mere concept or idea. Offices grant a patent to inventions such as a process, machine, product, or a new composition. For an invention to be patentable, one must be able to build the invention using the technology, or it should be in an already built form. Mere ideas are not patentable.
Myth 8: Provisional patents are quick alternatives to patents
People often assume provisional patents as an alternate option for patents. Technically, there is no such thing as provisional patents. The correct term would be provisional patent applications. Inventors opt for this provisional patent application when they are in a hurry to disclose the invention and are running short of time to work on the complete patent application.
It is sufficient for the patent applicant to submit an outline of the invention with some specifications and claims. These applications are valid for one year, giving the patents an earlier filing date. However, patent offices will not only grant patents based on a provisional patent application. They require a complete patent application to proceed with the granting of the patent.
Myth 9: A single patent will help me monopolize the market
The common assumption is that patenting a product will grant a monopoly in the market. It is essential to understand that patents only prevent infringers from manufacturing, using, or marketing your invention. In reality, a single patent will not grant a monopoly in the market. Competitors may file more patents with improvements in the technology with accurate claims that might exclude the original inventor from the market. Hence, organizations continue to innovate and improvise their patented technologies, acquire additional patents for more relevant claims, and broaden their scope of the invention.
Myth 10: Filing a patent application is arduous
Inventors often feel that filing a patent application is quite complicated. On the contrary, patent filing is very methodical and comfortable if the inventor is aware of the process. Nowadays, patent filing procedures are easily accessible and available online. However, it is advisable to approach patent experts when designing patent claims or conducting a patent search.
Differentiating facts and myths is never easy. Businesses should always clearly understand patents to prevent them from following misleading information. In extreme cases, blindly believing in such myths might incur a financial loss to the business. Organizations can always seek advice from trustworthy patent attorneys to debunk such myths and build a strong patent portfolio.
