A strong patent can protect your inventions, deterring competitors and fast followers while increasing your market position. On the other hand, a poor patent can be a costly waste of effort for your team. Can also expose your company to expensive lawsuitsundermining your competitive advantage.

To draft a patent application, portfolio managers typically seek recommendations of reputable drafting firms, balancing cost with quality expectations. However, determining draft quality is challenging due to the complexity of patent language and legal jargon. A good rule of thumb is that you generally get what you pay for.

This article aims to simplify things and give straightforward and practical advice securing patents that stand well to ensure greater enterprise value. Below are five checks to ensure high-quality patent submissions:

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1. Substantial coverage

Essential coverage is the backbone of a high-quality patent. It's not just about documenting your invention; it is about providing comprehensive protection.

This requires not only a detailed description of the invention, including alternatives and embodiments, but also a strategy that makes it difficult for competitors to circumvent patent protection.

One key to achieving this is to conduct a thorough prior art search and analysis of those with similar solutions to ensure that the patent clearly and distinctly claims the invention. This step is vital for minimization breach risks and increasing patent enforceability. You want claims that are broad, but not so broad as to be invalid.

Additionally, the inclusion of forward-looking language that covers possible technological evolutions on the horizon extends the patent's relevance and protection over time, future-proofing the patent.

2. Emphasis on the heart of innovation

The key innovation – what sets your invention apart – should be fully described in the patent application.

This does not mean a brief mention; means pages of detailed exploration of the unique aspects of the invention, potential applications and technical specifications. The drafter must explore the invention beyond the initial discovery, adding depth and breadth to the application. There is always a core innovation that stands out from the crowd, called the heart of the innovation, and extensive exploration around this point is essential for a broad and protectable patent application.

With some patent prosecution cases I inherited from other drafters, it was disappointing to see that they barely scratched the surface of what made the invention unique. The Patent Office requires a thorough explanation of the inner workings of an invention around the heart of the innovation. Getting poorly drafted applications approved is another area where great patent counsel is invaluable.

To ensure that the patent application hits the mark, direct it to the inventor and ask if their invention is explained clearly and fully. Spend too much of your drafting time around the most important distinguishing features of the invention to have many different alternatives and technical details.

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3. Strategically constructed requirements

The essence of any patent lies in its claims, which set the limits of its protection. It is only the claims that define the scope of the patent right, while the rest of the draft application only provides context. Making these claims involves a delicate balance: too broad and they risk being rejected; too tight and may not provide enough protection.

Start by comparing the claims to the disclosure to ensure nothing has been overlooked. This step can reveal missing elements that, once added, increase your chances of patent approval. Rewrite the claims thinking about how an infringer would easily avoid them. You have too many claims of different shapes and extents to block any the competitors who may wish to design around them.

Given the 20-year lifespan of a patent, it is essential that the technology it covers remains relevant for at least 10-15 years, adapting to industry changes. The goal is to draft claims that block others from circumventing your patent, closing any potential legal loopholes. Include innovations still on the drawing board that will become relevant in the coming years.

A practical tactic is to examine existing patents in your field of technology. This step helps in understanding the approach to building requirements. Such a review can provide essential insight for reviewing the claims in the application you are evaluating. It also helps determine your contribution to the area you should search.

4. Technical and legal skills

A high-quality patent starts with a solid foundation in both the technical field of the invention and the legal framework governing patentability. This skill is essential because patent documents, with their complicated legal jargon and complex technical descriptions, can be daunting.

Patent portfolio managers should seek help from professionals who not only excel patent law but also possess a deep understanding of the relevant technology. Their ability to translate the essence of an innovation into a legally sound document is what sets a successful patent filing apart from the rest. Few patent drafters will admit where their background is lacking, so look for someone who knows your technology.

Before engaging professionals, it is wise to be well prepared. Look at these six things you should know before hiring a patent attorney!

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5. Attention to detail

A patent is a legal document, not marketing material from a copywriting genius. Therefore, a strong patent application does not shy away from a deep dive into the techniques.

A high-quality patent delves deep into the mechanics of the invention, providing many thoughtfully explained diagrams to describe the technology in detail for the problems being solved. Visual aids such as diagrams and screenshots help illustrate complex concepts, making them more digestible and reinforcing the comprehensiveness of the application.

Remember, a patent with 10-15 figures explained in dozens of pages of clear descriptions often means a strong and well-thought-out application.

The way forward

Supporting experience is essential to achieving high-quality patent submissions. The wisdom gained from previous files, both successes and lessons learned, is invaluable. Patent portfolio managers can use those experiences to improve their strategies for future applications.

A great patent application focuses on the key distinguishing factors over your predecessors with the details required so that others can make and use the invention from that description. Having a great technical background for your product allows the drafter to have the right description and figures that will clearly showcase your innovation now and in the future.

Additionally, staying informed of the latest developments in patent law, technological innovations, and industry changes is key to maintaining robust and relevant patent portfolios.