How To Spot A Bad Patent Before It Costs You
A patent is meant to protect valuable ideas, but not all patents are created equal as a Newark, NJ patent lawyer knows well. Some offer strong protection and real business value. Others may look fine on paper but fall apart when challenged. Whether you’re applying for a patent, buying one, or investing in a company with a patent portfolio, knowing how to identify a weak or poorly written patent can help avoid expensive mistakes.
One common red flag is vague language. A solid patent should clearly describe the invention and define its claims in a way that distinguishes it from existing technology. If the language is overly broad or unclear, the patent may be vulnerable to legal challenges or rejection in future disputes. We’ve worked with clients who thought they had strong protection, only to find that their patent lacked the clarity needed to stand up in court. That is why it is important to work with an attorney who can help you file a patent to ensure its acceptance.
Another issue is whether the invention is actually new. Patent offices do their best to search existing technology, but they don’t always catch everything. That’s why a proper review of prior art is so important. If similar inventions already exist, a patent may be invalid, even if it was granted due to it infringing on other patents. This is especially important when buying or licensing a patent. You don’t want to pay for rights that can’t hold up under scrutiny.
Pay close attention to the claim scope. This section defines exactly what the patent protects. If the claims are too narrow, the patent might be easy to work around. If they’re too broad, they may be challenged for covering more than what was actually invented. Either way, the result is a patent that doesn’t offer much value. A proper balance must be struck here, which is why a legal professional is so important and must be considered before the patent application process is started.
The patent’s prosecution history can also reveal warning signs. This is the back-and-forth communication between the applicant and the patent office during the review process. If the application was heavily amended or repeatedly rejected, it may show that the original idea was weak or that the claims had to be scaled back significantly. That doesn’t always make the patent worthless, but it’s something worth reviewing before relying on it.
Timing matters, too. If a patent is set to expire soon, or if it has missed required maintenance fees, its value may be limited. We’ve helped clients avoid costly deals by identifying overlooked deadlines or expired protection that would have made enforcement impossible. As legal professionals we can guide you through the entire process.
At COFFYLAW, we’ve spent over 35 years helping clients make smart decisions about patents. Whether they’re pursuing protection, defending their rights, or assessing a third-party patent for licensing or investment, we help them understand what they’re getting into before it’s too late. Our offices are located in Brooklyn, New York, as well as Maplewood and Clifton, New Jersey, and we serve clients in a wide range of industries. If you’re looking for a lawyer who can help you avoid bad patents and protect valuable innovations, our team is ready to assist. Contact us today to schedule a consultation and take the next step toward solid, long-term intellectual property protection.