Considering a Patent? Avoid these common mistakes

Mistake 1: You share the idea before you have filed the patent application

One of the most common and critical mistakes many people make is sharing their idea too early. Patent law requires that the invention be new at the time you file the application. This means that it must not have been known or published anywhere in the world prior to the filing date. If you present your idea to investors, at trade shows, or share details on social media before you have filed your application, you may lose the opportunity to obtain a patent.

Tips to avoid this :

• Keep the details of the invention secret until the application is filed.
• Use a non-disclosure agreement (NDA) if you talk to investors, collaborators, manufacturers, or others about the idea.
• Talk to us at the Norwegian Industrial Property Office - we are bound by confidentiality and can provide you with sound guidance.

Mistake 2: You don't check if the invention is new

Many inventors spend time and money applying for a patent for something that already exists. It is important to research existing patents and published literature before submitting your application. If someone has already protected a similar idea, there is little point in proceeding with the application. Remember that the novelty requirement applies worldwide.

Tips to avoid this :

• Use databases such as Espacenet to search existing patent applications.
• Order a novelty survey from the Norwegian Industrial Property Office. The report from the novelty survey can help you assess whether your invention is new and what can be patented.

Mistake 3: You don't use professional help to write the patent application

Writing a patent application requires experience and technical and legal expertise. How the patent application is formulated is crucial to the strength of the protection you receive.

A common mistake in patent applications is to be too specific. For example, if you write that “the system scans a QR code” instead of using a broader term like “machine-readable code,” you risk limiting the patent to just that technology. This allows competitors to circumvent the patent by using an alternative solution, such as a barcode or Data Matrix code.

Tips to avoid this:

• Get help from a patent attorney (also known as an IP attorney or patent agent) to draft the patent application.
• If you are writing the patent application yourself: request quality assurance of the application. This applies especially to the patent claims, as they define the exclusive rights you will receive.
• Take a look at our patent register to see how others have written their patent applications - in the patent register you can also see which IP advisory firms other patent applicants have used.

Mistake 4: You apply for a patent too early

You file for protection before the invention is fully developed, or before you have a clear strategy for what you will use the patent for.

When you file a patent application, you are entering a race with fixed deadlines and limited opportunities for subsequent changes. It is therefore crucial that your invention is sufficiently developed and that you have thought through how you will take it to market and secure financing before you file.

Tips to avoid this:

• Keep your invention a trade secret until you have a clear patent strategy.
• Create a simple marketing and business plan that shows how you will reach your customers.
• Look at options: Can parts of the solution be kept secret, or should you consider design or trademark protection in addition?
• Talk to an IP advisor before filing.
• Contact the Norwegian Industrial Property Office for free guidance.

Summary: Avoid these mistakes when applying for a patent

• Do not share the invention before you have filed the application.
• Investigate whether the idea is actually new
• Get help writing good patent claims
• Create a strategy for your invention

Frequently asked questions about the patent application

What is the requirement to obtain a patent?

To be patentable, the invention must:

• be new - it must not have been discussed or published before you file the patent application. The novelty requirement applies worldwide
• have inventive step - the invention must differ significantly from what is already known and not be obvious for a person skilled in the art
• be industrially applicable - the invention must be capable of being used or produced within an industry or trade. It must have a practical use and not just be a theoretical idea

Do I need to register the idea before talking to investors?

No, but you should use a non-disclosure agreement (NDA) to avoid the idea becoming public knowledge.

Can I write the patent application myself?

Yes, but we recommend using a professional patent attorney. This increases the chance of strong and lasting protection.

How much does it cost to file for a patent?

Filing for a patent in Norway has different costs, depending on how extensive the application is and whether you use professional help.