First to File Means File First! The Risk of Not Immediately Filing a Patent Application
When the USPTO switched to a first to file patent system in 2013, they did so in a way that makes us different from much of the rest of the world.
In the U.S., when two people apply for a patent on the same invention, the first person to file the patent application with the USPTO will get the patent, period. This holds true even if the second person had the idea first or did in fact come up with the invention first.
The only thing that counts is the filing date.
With over 60 years of combined patent and trademark experience, procrastination is the most common hurdle we encounter from clients. Most people fail to realize their dream of becoming an entrepreneur because they postpone the financial risk associated with filing a patent:
- “I had this idea last year…” or
- “I came up with this idea many years ago while on the job…” or
- “My husband and I thought of this idea 5 years ago…”
By the time most clients get around to hiring a patent attorney to conduct a patent search, it is often too late – the idea has already been patented and the clients dream is lost.
This scenario plays out over and over again at our firm.
Mark Zuckerberg, the founder and CEO of Facebook, once said, “The biggest risk is not taking any risk…in a world that is changing really quickly, the only strategy that is guaranteed to fail is not taking any risks at all.”
If you have an idea, the time to act is now. We can help turn your dream into a reality.