⏱️ Filing a patent application – why is it important to be early?
Many entrepreneurs wonder when is the right time to file a patent application for their new invention. In the world of patents, time is of the essence – the earliest you file can determine who gets the rights to your invention. In this article, we’ll explain why it’s important. File a patent application as early as possible., focusing on aspects in the US and Israel. We will emphasize the importance of Priority Date, the principle The "first to serve"We will also present the risks of waiting or early publication, and the possibility of Provisional Patent Application As a tool for maintaining precedence. Finally, we will offer practical recommendations for entrepreneurs on how to act correctly on this issue.
Importance of the filing date (Priority Date)
Submission date of the patent application – also known as Premiere date – is the determining date from which the priority of the invention is measured. This date is important for several reasons:
- In terms of Patent examination: Only public knowledge ("prior knowledge") published before The filing date can negate the novelty of the invention. Any publication that occurs after this date will not be considered "prior knowledge" against the application.
- In terms of Entrepreneur's rights: The day the application was filed is the day you “got in line.” If and when the patent is granted, the rights will apply retroactively from the filing date.
The bottom line is that the filing date is a critical milestone in protecting an invention. It officially establishes "who went first," so pre-filing ensures that the inventor will capture the earliest possible priority date for their invention. It is important to note that in most countries around the world, including the United States and Israel, First to submit The one who files the application will be the one who will be awarded the patent, regardless of who invented it first. Therefore, delaying filing increases the risk that a competitor will beat you to the punch and usurp your first place.
The risks of publishing early or on hold
The danger of publishing the invention before filing a patent application should not be underestimated. Early publication of the details of the invention (e.g. in an article, on a website or at a conference) may thwart the possibility of a patent:
- In most countries (including Israel), Public publication of the invention before filing denies its novelty and cannot be patented. Only in the US does it exist Grace period of 12 months that allows a patent application to be filed up to a year after self-publication, but outside the US early publication will still eliminate the chances of a patent.
- Delay in submission: Even without publication, delaying filing is a risky move. While you're procrastinating, someone else might invent something similar and file before you, or the details of your invention might be leaked. Any further delay opens a window of opportunity for potential competitors.
The conclusion is clear: Public disclosure of the invention should be avoided before filing a patent application..
Provisional Request – A Tool for Preserving Priority
An entrepreneur does not always have the resources to immediately prepare a full patent application. In such cases, it is worth taking advantage of the The Provisional Application – A tool in American law that allows you to maintain priority quickly:
- What is a temporary request? This is a provisional patent application filed in the US. It allows you to reserve Early submission date Quickly without the need for a full set of claims. But please note, a detailed technical description of the invention is still required in the patent application.
- Advantages: Filing a Provisional gives you up to 12 months to file a full patent application and claim the priority of the provisional application. This gives you time to develop and examine the project, while priority is already guaranteed. Please note that if you do not file a full application within a year, the rights from the provisional application will be lost.
The big advantage is the speed and low cost of the procedure, which allows you to "get in line" early and reduce the risk of being preempted by competitors.
It is important to remember that a temporary request In itself Does not lead to a final patent – a full application must be filed on its basis on time. However, as a strategic tool, it is very effective, especially for startup companies: it sets a priority date and allows the expenses and work associated with a full application to be postponed for a year, without giving up priority.
Differences between the USA and Israel
Despite the similarity in the principle approach, there are some Important differences Between patent law in the US and Israel:
- In the US: The method is First to File, and in addition there is Grace period of 12 months for the inventor's publications. A Provisional application is also available as a fast track. It can be filed during the same year, but in practice it is strongly recommended to file before Any public announcement.
- In Israel: There is no general grace period for early publications. Israeli law requires absolute novelty at the time of filing. Only limited exceptions allow for overcoming early publication (for example, presenting the invention at a recognized exhibition allows filing up to 6 months later, or publication made without the inventor's consent). Therefore, in Israel Any publication prior to filing may jeopardize the chances of obtaining a patent for the invention.
Practical recommendations for entrepreneurs
Here are some practical tips to help you do the right thing:
- Submit as early as possible: Once you have a sufficient description of the invention, don’t delay filing your application. File early – even with a preliminary/provisional application – to establish a priority date and reduce the risk of someone else beating you to the punch.
- Do not expose before serving: Avoid publishing the invention before filing a patent application. Even small self-publicization (post, conference presentation, etc.) can thwart the patent application in Israel and internationally. If you must share information in advance, do so under an NDA to maintain confidentiality.
- Take advantage of the Provisional: Consider submitting Temporary request In the US. This is a relatively quick and inexpensive step that gives you a year to complete the full application, while maintaining the filing date.
- Don't rely on "kindness": Don't rely on the possibility of correcting a situation after exposure. In most countries there is no grace period at all, and even in the US it is limited. Take a conservative approach – file a patent before Any public exposure, and you won't have to rely on luck.
Summary
In the competitive technological environment, Whoever is first wins.. Early filing of the patent application It is an essential step that guarantees your rights and allows you to move forward with the development and exposure of your invention to the market with peace of mind, knowing that the legal basis is protected.
