The best time to file for a patent is usually as soon as you have worked out the key elements of the invention. Filing as soon as your invention is stable has an important advantage. Early filing gives you an undisputed date of invention that is earlier then thousands of other applications that will be examined along with your application by an "art group" at the United States Patent and Trademark Office (USPTO). These other inventors are solving similar problems, and they are often inspired by the same needs, technical innovations, and changing market conditions that inspired your invention. So many times they include some similar inventive elements in their patent applications.
If these other inventors file before you, any similar inventive concepts they disclose can be used to narrow the scope of your patent, reducing its value. This often happens even for dissimilar inventions. Worse, someone else might have the same idea and you will be unable to obtain a patent. I have seen too many great ideas fail to be granted patents in competitive areas because the inventor waited to file.
APPLICATION
Of course, in the United States an inventor can have a date of invention that is before the filing date of a patent application. In theory, the earlier filing date can be used to overcome disclosures of other inventions that filed patent applications before your filing date. However in practice, this is often difficult to do. The USPTO requires an inventor to show diligence in reducing an invention to practice in order recognize an invention date that is earlier than a patent application filing date. The USPTO usually demands documentation that shows continuous effort to prove diligence, and is a often difficult standard to meet. Even with excellent documentation, inventors are typically only able to establish an invention date that is about six months earlier than their patent application filing date. Therefore, inventors are well served in filing as soon as possible.
When to File a Patent Application APPLICATION
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