Startups Should Avoid These Five Common Patent Filing Mistakes
Patenting a valuable invention is critical for both startups and big corporate groups. However, most start-ups show laxity when it comes to protecting their inventions through patent registration in the UAE. By not giving the proper attention to IP matters, startups even endanger the commercial viability of their inventions. Many startups, especially tech startups, fail to implement a proper strategy to effectively manage their patent portfolio.
As a result, their patent filing process in the UAE is riddled with grave pitfalls. A better way to redeem their inventions from error-filled patent filing is to consult with the best patent agents in Dubai, UAE. Meanwhile, you can go through the following five common mistakes that most startups commit.
1. Filing inventions that can’t be protected
Before applying for the process of patent registration in the UAE, you must assess whether your invention meets the eligibility criteria mentioned in the patent law. Patents are protected in the UAE as per the Federal Law No.17 of 2002 as later amended by Federal Law No.31 of 2006 (Patent Law). As per the UAE Patent Law, your invention needs to be novel, inventive and industrially applicable to be granted patent registration.
Some inventions may not meet these three criteria, leading to rejection. If you are planning to patent an invention, it is better to carry out an assessment with the help of patent registration agents in Dubai, UAE. They could help you determine if the invention is eligible for patent protection in the UAE.
The following can’t be patented in the UAE
- A discovery, scientific theory, mathematical method, aesthetic creation
- A scheme, rule or method for performing a mental act, playing a game or doing business, or a computer program,
- A presentation of information,
- A procedure for surgical or therapeutic treatment, or diagnosis, to be practised on humans or animals
2. Failing to carry out a proper patent search
Your invention will qualify for a patent grant when you are the first one in the world to come up with it. You should be able to prove that you are the sole originator of the invention and no one else has filed a similar patent application. You can ensure this by conducting a proper patent search in the UAE. Official search from the Patent Office is not possible, but patent agents in the UAE can carry out searches from their internal patent database among published applications. In a bid to avoid the cost of patent search in the UAE, some inventors avoid this critical step. However, not carrying out a patent search in the UAE is like driving a vehicle with a blindfold.
3. Public use or sale of the invention prior to filing a patent application
This grave mistake is more related to the loopholes in strategic planning. Companies that come up with a commercially viable invention should first try to protect it through patent registration in the UAE. Instead of doing so, many companies tread the wrong path by sharing it with friends, displaying the invention at public events such as a trade show or a technical meeting etc.
If you let your invention be public before filing the patent application, competitors can steal your idea. Furthermore, competitors can use the aspect of public disclosure to invalidate your patents. Any public disclosure of the invention prior to filing the application is a strong reason for patent rejection in the UAE. Once you come up with the invention, hire the best patent agents in the UAE to avoid the mistake of public disclosure.
4. Filing Poorly Drafted Patent Applications
Aiming to file a patent application quickly, startups may compromise on the quality of the application. Poorly drafted applications are often either too narrow or too broad. If the focus is narrow, it would be hard to gain effective protection. Also, it would be tougher for the patent applicants to properly support the claim if the focus is too broad. Poorly prepared patent drafts will be written in a speculative language, providing insufficient details about the invention in question. Always seek the help of patent agents in Dubai for perfectly drafted patent applications.
5. Not being clear on the problem being solved by the invention
While preparing the patent draft, you should clearly tell the problem you are trying to solve with the invention in question. Most patent examiners follow this modern problem/solution approach while examining patent applications filed in the UAE. The examiners would examine the problem being addressed in the application. If it is not clearly written in the patent draft, the examiners would conclude that the real problem you had in mind was something else. You may face delays or rejection for failing to clearly express the problem and solution.
Consult with the Best Patent Registration Agents in Dubai
For any tech startup, applying for patent registration in the UAE is a critical step f you want to protect and commercialize your technology. But over the course of a long patent filing process, the companies may commit certain mistakes, especially the startups with no experience in managing a patent portfolio. These mistakes can be avoided by seeking assistance from the best patent registration agents in Dubai, such as Jitendra Intellectual Property (JIP). JIP is the leading provided patent registration service in Dubai, UAE. We have a team of highly qualified patent agents who can help you draft fool-proof patent applications. JIP also offers robust prior art search services in the UAE. Contact our agents today to protect your inventions in the highly competitive UAE market.