The “Guarantee” of Obtaining a Patent

Many clients express a desire to “guarantee” obtaining a patent on their idea or invention.

However, the expectation of guaranteeing a patent is unrealistic.

If a patent attorney or agent, or patent expert or consultant, or prior art searcher offers this, then tread with caution.

There are too many variables and too much subjectivity involved in the patent process when determining who obtains a patent.

Ultimately, it is up to the patent examiner assigned to a particular application for patent in determining whether one receives a patent.

Some things to take into account:

- it is the USPTO (United States Patent and Trademark Office) that ultimately determines who receives a patent

- it is the assigned patent examiner that inevitably makes a subjective decision on patentability

- the quality of the drafted patent application submitted to the USPTO

- the quality of the claims in the patent application drafted

- the understanding of the patent attorney or agent of the subject matter/invention assigned to an application

- the ability for legal representation to negotiate

These are just a handful of considerations that one must take into account in determining patentability.

What is important to remember is that one should be wary of a “guarantee” of obtaining a patent before one is actually granted a patent by the USPTO.