Recent developments in U.S. patent policy and examination practices have created an environment where patent quality is higher, the process is more efficient, and the value of intellectual property (IP) is increasingly recognized. Innovators, entrepreneurs, and startup founders are beginning to realize that there has never been a better time to start securing their inventions with patents, filing more patents than at any time since the start of the pandemic.
Patent Quality Is on the Rise
Sunwater Institute’s 2024 policy report, Patent Quality in the United States, highlights a significant improvement in the quality of patents issued by the U.S. Patent and Trademark Office (USPTO). To prevent the USPTO vetting process from stepping over the line, the USPTO is enhancing examination procedures and ensuring that patents granted meet stringent statutory criteria in both allowing “good” patents and denying “bad” patents. As the USPTO continues to restructure and expand, the current quality of patents will only continue to improve.
Patent Grants and Innovation Are Accelerating
Data from 2024 indicates a robust increase in patent activity. The USPTO granted approximately 368,597 patents, marking a 5.7% rise from the previous year. This uptick reflects a vibrant innovation ecosystem, with sectors like semiconductors and artificial intelligence leading the charge. This trend is also reflected worldwide with companies actively securing international patent protection, underscoring the importance of protecting intellectual assets in a global competitive market.
Timing Is Crucial: File Before You Disclose
Under the U.S. “first-to-file” system, the timing of your patent application is critical. Filing before any public disclosure of your invention is essential to maintain eligibility for patent protection, both domestically and internationally. While publicly disclosing your invention prior to filing for patent protection can jeopardize your ability to obtain a patent, there are several situations where a disclosure may not necessarily prevent you from filing a patent application. It is critical, however, to discuss these unique situations with your patent attorney before making any disclosures.
AI Tools Enhance Patent Strategy
The integration of artificial intelligence (AI) into the patent process has transformed how applications are prepared and analyzed, both on the patent attorney side and on the USPTO side. By increasing efficiency and accuracy AI allows attorneys to provide faster, cheaper prior art searches, drafting, and intellectual property portfolio management. However, it remains important to use AI tools judiciously. While AI may be proficient in some areas of the law, when it comes to drafting patent applications, AI cannot yet match the skill of a seasoned patent attorney. That being said, a seasoned patent attorney judiciously leveraging AI in the patent application process can be better, faster, and cheaper than a seasoned patent attorney alone.
Take Home
Several factors are pushing up the number of patent filings, not the least of which are the decrease in cost and the increase in quality afforded by AI. Delaying the filing of patent applications on new inventions and technology runs the risk of a competitor beating you to the Patent Office or of the innovation becoming unprotectable as it moves into the public domain. While not every new idea merits a patent, it is important to take a hard look at all new inventions to determine which ones need to be protected before it’s too late.
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