We are often asked by clients wanting to apply for a patent, ‘what point is too early and what point is too late?’ In most cases, it’s not too early to start the process. 

Why You Should File Early.

The United States now operates as a “first-to-file” country. That means it is important to file for patent protection as soon as possible. You don’t want someone else filing on your invention before you.

Also under U.S. patent law, you must file your patent application within one year of the first offer to sell your invention, or within one year of your first public use or disclosure of your invention. We frequently encounter inventors that need to immediately file a patent application in order to have their application meet this one-year deadline.

You do not have to actually make or implement your invention before you file for patent protection.

Many inventions are protected by patents long before the first working prototype is constructed. All that is needed to file for a patent application is that you can describe your invention in sufficient detail that a person having ordinary skill in your technology is able to create your product without a lot of experimentation. If you do not know how your invention can be implemented, then it is probably too early to file for patent protection.

Finally, it is almost always best to have a patent application on file before you begin to discuss the invention with possible investment partners or with any companies that may be interested in making or acquiring your invention.

Sherinian Law Attorneys

Experienced Patent Attorneys

Chicago's Best Patent Attorneys
Chicago’s Best Patent Attorneys

Patent Law is Complicated. The attorneys at the Law Offices of Konrad Sherinian have extensive experience in patent matters. We’ve helped clients obtain numerous patents, including more difficult categories such as software, electronics, and the mechanical arts. We have obtained numerous patents in the United States and throughout the world. In addition, we have litigated patent cases on behalf of both plaintiffs and defendants in District Courts throughout the United States.

Contact Us Today

Whether you are at the initial starting stage, or trying to protect and enforce what you’ve already have, we can help patent and protect your idea or invention. Reach out to us today. We will quickly set up a time when you can speak to an experienced patent attorney.