The Importance of Filing a Patent Application Early

Posted by Frederic Douglas | May 31, 2023 | 0 Comments

In 2011, US law shifted its focus from the date of invention to the application filing date, emphasizing the importance of timely filings. This means that the first person to file a patent application for an invention is the one who is granted the patent, even if someone else invented the same thing earlier.

There are several reasons why it is important to file a patent application early. First, filing early helps to protect your invention from being copied by others. If you wait to file, someone else could independently come up with the same idea and file for a patent before you do. This would mean that you would not be able to get a patent for your invention.

Second, filing early can help you to attract investors. Investors are more likely to invest in a company that has a patent on its technology. This is because a patent gives the company the exclusive right to make, use, and sell the invention.

Finally, filing early can help you to get your invention to market faster. If you have a patent on your invention, you can start to sell it without fear of being sued by someone else for patent infringement.

Of course, there are also some reasons why you might want to delay filing an application for a patent. For example, you may not have fully developed your invention yet. Or, you may be waiting for the right time to market your invention.

If you are considering filing for a patent, it is important to weigh the pros and cons carefully. In most cases, it is best to file early to protect your invention and give yourself the best chance of success.

Here are some tips for filing a patent application early:

  • Start by documenting your invention. This includes writing down detailed descriptions of your invention, including drawings and diagrams.
  • Do a patent search to make sure that your invention is not already patented or disclosed anywhere.
  • Hire a patent attorney to help you file your application. A patent attorney can help you to ensure that your application is filed correctly and that it meets all of the requirements of the patent office.

By following these tips, you can increase your chances of getting a patent for your invention and protecting your investment.

About the Author

Frederic Douglas

Frederic M. Douglas is an attorney practicing IP litigation. (949) 293-0442 @PhredDouglas In 1996, Mr. Douglas graduated from the University of California, Berkeley with a Bachelor of Science degree in chemical engineering. In 1999, he received his Juris Doctorate degree from the University of...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

The Law Office of F. M. Douglas, Esq. Is Here for You

At The Law Office of F. M. Douglas, Esq., we focus on Litigation, Patent Applications, Trademarks, Copyrights, Trade Secrets, and DUI Defense and we are here to listen to you and help you navigate the legal system.

Contact Us Today

The Law Office of F. M. Douglas, Esq. is committed to answering your questions about Litigation, Patent Applications, Trademarks, Copyrights, Trade Secrets, and DUI Defense issues.

We offer a free consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.