Should I Apply for a Patent? Maybe Not.

Working with inventors over the last 16 years, we have learned that there are times we must advise an entrepreneur not to pursue patent protection. This can be due to many factors: like when a search reveals contradicting prior art; when the invention, while innovative, will not pass the examination process without undue expense and resulting in a weak patent; or when a method patent is inappropriate. We will discuss these pitfalls and give real stories of successes and failures, focusing on the Rhode Island startups we have worked with. We will outline the three tests that the US Patent Office applies to an invention, how to overcome those tests, and other avenues for intellectual-property protection, including trade secrets, trademarks, "use in commerce," and copyright. Scott Keeley is a registered patent agent who has been working with Rhode Island inventors since 2009.