The United States recently switched from the so-called “first to invent” system to the so-called “first to file” system. Under the old law, an inventor has an opportunity to argue he or she actually invented first even if he or she applied for a patent later than her competitor. If successful, the first inventor would be entitled to pursue the patent and the second inventor would not, even though the second inventor filed for protection first. The new law eliminates this scenario. For patents filed after March 15, 2013, whoever filed for the invention first has priority over later filers, regardless who actually came up with the invention first. Therefore, it’s important to file early.
You will need more than just an abstract idea to file a patent. Your patent application needs to contain enough details to show the people in your field what the invention is and how it works. Often, if you have a substantially developed idea and can articulate a concrete implementation, you are patent ready. If you already have a working prototype, you are more than patent ready.
Attorney Advertising. Prior results do not guarantee a similar outcome. Photos within are not of clients or firm personnel. © 2014 Wilmer Cutler Pickering Hale and Dorr LLP.