Entrepreneurs can spend months, or even years, refining a product before it ever reaches the market, but protecting the idea behind it often gets far less attention. A single misstep, like sharing an invention publicly before filing a patent application, can undo that work before a business ever gets off the ground.
On the latest episode of Business Trends Today, Founder of The Patent Professor and The Law Firm Growth Professor, John Rizvi, joins us to break down the most common patent mistakes entrepreneurs make, and the steps founders can take now to protect their ideas and build long-term business value.
Why waiting until launch to think about patents is costly
Until 2013, the U.S. Patent Office used a first-to-invent system. Inventors could establish ownership by proving they conceived an idea first and diligently pursued it, even without filing early. Lab notebooks and prototype-development records grew out of this system.
"You could have videotape of you creating the invention, and if somebody else files first, you're out of luck."
Back then, the law shifted to a first-to-file system, and the old proof-of-concept strategies stopped working. According to Rizvi, large multinational corporations lobbied heavily for the change, while companies with in-house patent teams can file faster than an individual inventor working alone.
Yet, some inventors still rely on outdated methods to protect an idea. One common example involves mailing yourself a sealed, signed envelope containing a description of the invention. Rizvi said that approach offered a fighting chance in court before 2013, but it provides no protection today.
The prototype myth
Many inventors delay filing because they believe they need a working prototype first. Rizvi said that isn’t true, and the patent office won’t even accept one if an inventor submits it.
A written description and drawing satisfy the application requirements. Rizvi said this rule exists partly because a patent has to stand on its own. The document alone should let anyone understand and use the invention, without relying on a physical model that may not exist decades later.
Inventors needn’t start with professional drawings. Rizvi’s firm has reviewed napkin sketches and prototypes made from Play-Doh, foam cups, or cardboard; even a rough sketch gives an illustrator enough to create a formal drawing.
Delaying a filing to build a prototype risks slowing the process when speed matters under a first-to-file system. It may also require outside help, increasing the chance the idea is exposed before protection.
Provisional vs. non-provisional applications
Provisional and non-provisional patent applications serve different purposes, though the terminology can be confusing, Rizvi said. A provisional application secures a filing date for one year; a non-provisional application is the final filing and provides 20 years of protection.
Inventors have a year to convert a provisional filing into a non-provisional one. During that period, they can market the product, pitch investors and make minor changes.
“Patent pending” applies to provisional and non-provisional applications, as well as design patents, which protect a product’s appearance rather than function. Rizvi said investors should ask which application is pending: a provisional filing that expires after a year leaves the idea unprotected.
How patents increase business and investor value
A granted patent gives an inventor exclusive rights to make, use, sell or license an invention. Rizvi said that protection is often what investors look for before committing capital. It limits the risk of competitors entering the market with a similar product once an idea proves successful.
U.S. patent protection only covers manufacturing, use, sale or import within the United States. Inventors seeking protection abroad need to file under the Patent Cooperation Treaty within one year of their U.S. filing to preserve international rights, Rizvi said.
Online marketplaces have also made it easier to enforce patent rights without the cost of litigation. Rizvi said platforms like Amazon let patent holders submit a granted patent and request removal of an infringing listing. That shifts the burden onto the alleged infringer to prove otherwise.
Steps to take before sharing an idea
Meanwhile, Rizvi recommends a professional patent search by classification, not keywords, since inventors may describe the same concept differently. Confirming novelty before marketing or prototyping can save time and money; a product’s absence from stores doesn’t mean it’s unpatented, as companies may patent ideas to block competitors.
Software and apps may also qualify for patents when they involve a specific method. Rizvi said software patents are increasing and account for a growing share of patent filings.
Skipping a thorough search risks building a business around an already-protected idea. Searching early helps inventors protect their ideas and avoid infringement.
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