Obtaining a patent application for your invention is a landmark achievement, but the road to approval can be long and arduous. Even with a groundbreaking idea, the patent process can take years. However, there are unconventional strategies that can amplify the speed at which you secure your patent. Here are five innovative tactics that inventors should consider:
Intellectual Property Pre-Assessment
To accelerate the patent process, inventors can perform a pre-assessment of their intellectual property (IP) by leveraging digital platforms and AI tools. These systems provide comprehensive searches and analyses of existing patents, saving inventors time on researching and preparing their own filings. Technologies like semantic searches and algorithmic comparisons can reveal gaps and differentiation strategies in existing patents, guiding inventors to submit applications that are more likely to sail through the approval process.
Proactive Patent Prosecution
One of the most radical methods to expedite a patent’s approval is through a proactive approach in the patent prosecution process. This involves high-touch communication with patent examiners from the outset, preempting any objections and swiftly iterating on amendment requests. By setting up calls or meetings with the examiner, inventors can proactively address any potential roadblocks, potentially resulting in a speedier approval timeline and a stronger patent in the end.
Open Source Collaboration
Involving the community in your invention doesn’t have to mean giving away your trade secrets. Participating in open source initiatives can amplify the visibility of your innovation and garner support from peers, potentially leading to a ‘public interest’ argument for an accelerated approval. This strategy requires careful curation of which aspects of your invention are revealed and how they are shared, using platforms such as GitHub or open innovation challenges.
Patent Pooling
Patent pooling is a strategy where companies combine patents to empower each other, often to cross-license the technology, drive innovation, and create industry standards. By joining patent pools, inventors may find that the collective bargaining power results in expedited approval for their patents due to streamlined procedures and reduced scrutiny given the collaborative environment. This approach can be particularly advantageous in industries where patent thickets slow down the innovation pace.
Fast-Tracking Programs
Utilizing fast-tracking programs offered by many patent offices around the world is the surest way to accelerate your application. These programs provide prioritized examination in exchange for an additional fee or under certain conditions, such as an environmentally beneficial technology or a COVID-19 related innovation. It’s essential to stay abreast of the criteria and any deadlines for these programs, as your invention may qualify based on shifting priorities and legal frameworks.
In a highly competitive marketplace, the time to patent-ready product is more critical than ever. By adopting these unconventional tactics, inventors can propel their patent approvals forward, safeguard their intellectual property, and bring their innovations to the market at a pace that matches their potential. It’s not just about innovation; it’s about the strategic execution of the patent process that can truly set you apart.
