First to File: Patents for Today's Scientist and Engineer

Chapter 3Creating One's Own Prior Art: Self-Imposed Barriers to Patentability

It's a safe assumption that most individuals who patent their inventions proceed by inventing first and then applying for a patent rather than, for example, conceiving of the invention as they sit at a computer keyboard drafting a patent application. For most inventors, therefore, the primary focus is on the creative process of inventing, the problem solving that leads to the invention, or the use of their imaginations to explore new frontiers. The patenting process is secondary for these inventors in terms of their time and attention, their career advancement, and often their financial resources. The inventor engaged in an ongoing business concern, for example, will rightfully focus on the operation of the business and on the retention and satisfaction of customers in addition to drawing in new customers. The researcher in an academic environment will focus on scientific advances and on enhancing his or her reputation in the academic and scientific communities. The result of placing one's primary focus on the creative process is that inventors, and particularly those who do not already have patents, tend to take certain actions before their patent applications are filed that can jeopardize their rights to a patent or at least that impose time limits on their ability to file their applications. Inventors may be tempted to think that their patent applications are immune from their own prior actions, ...