Patent Attorney Video: When To File A Patent Application?

“When to file a patent application?”Watch the video to learn more.

The “old” patent law was a first-to-invent patent filing system. Here’s an example. I made my invention today and did not file a patent application right away, and another inventor came up with the same idea tomorrow or even 6 months later. They didn’t steal my idea. They came up with that invention on their own. Let’s say they filed a patent application before me, I would still have priority at the Patent Office because I invented first. So when to file a patent application was not as important under the old law.

But that all went away in 2013.

Now the US Patent Law is a “First-To-File” system.

So get that out of your head. It is no longer enough to simply write down your invention and mail it to yourself (aka “a poor man’s patent“) to preserve the postmark as the date of your invention. It does not matter if you invented first. It does not matter if you invented 1 day or 10 years before someone else if they file their patent application before you. All that will matter is who files their patent application with the US Patent Office first.

Want to learn more? Read more about the new patent law here. Or watch our patent attorney video.

When to file a patent application?

The answer is as soon as possible under the new patent law. If you delay, someone else may file before you, and then whoever filed their patent application first would have priority to the patent application. In short, talk to a patent attorney as soon as possible and get that all-important filing date at the US PTO.


I hope this answers your question. Remember, the information in this video is only intended as general information and is NOT LEGAL ADVICE.