Inventor Tips · Patent My Product Blog

The 3 Biggest Mistakes Inventors Make Before Talking to a Patent Attorney

Most inventors don’t realize that certain early decisions can make or break their patent rights before an attorney ever sees the idea. Here are the three biggest, most common (and most avoidable) mistakes I see after 25+ years in IP law.

Mistake #1: Publicly disclosing the invention too early

This includes:

• posting it online

• showing it to friends

• pitching it to investors

• putting it up on Kickstarter

• letting manufacturers see it without an NDA

• bringing it to trade shows

• selling or offering it for sale

Many inventors think, “It’s my idea, I can show it to anyone I want.” Unfortunately, that’s exactly how many people lose patent rights.

Why this matters:

Once your invention becomes public, a 12-month clock starts ticking in the U.S. Outside the U.S., many countries don’t even give you that grace period, meaning your rights could be gone instantly.

The fix:

Don’t put anything online, in stores, or in front of manufacturers before you’ve at least had a Step 1 Readiness Consultation. I will walk you through:

• what counts as a “public disclosure,”

• which past disclosures are safe, and

• how to protect your timing going forward.

Mistake #2: Filing a provisional patent just to “hold a spot”

I’ve reviewed hundreds of provisionals over the years, and most look like:

• vague sketches

• broad ideas with no details

• marketing language instead of engineering

• wishful thinking instead of actual structure

These low-quality provisional filings become landmines later:

• They can’t be used as priority.

• They weaken your ultimate case.

• They set you up for rejections.

• They give you a false sense of security.

A provisional is not a placeholder, it must be drafted as if it were a real application.

The fix:

Skip the provisional. My model uses expedited, non-provisional Track One filings so:

• you get examined in months, not years,

• you have a real, complete application on file,

• and you can see real results faster.

No waiting, no placeholders, no weak filings.

Mistake #3: Trying to guess patentability without a real search

Many inventors tell themselves:

• “I looked on Amazon, I didn’t see anything like it.”

• “I checked Google Images, mine is new.”

• “I searched Google Patents for 20 minutes and didn’t see my idea.”

Consumer searches ≠ patent searches.

The prior art that kills applications is often:

• buried in patent databases from the 1960s onward,

• written in obscure engineering language,

• classified under unrelated terminology, or

• in industries you’d never expect.

The fix:

A professional Step 2 worldwide search is the only way to understand:

• how new your invention actually is,

• what the closest prior art looks like,

• how broad or narrow your claim could be,

• and whether you should invest in Step 3.

This is exactly why Step 2 exists, to protect clients from filing blind.

Bottom line

These three mistakes are the top reasons inventors waste money and damage their patent rights before they ever speak to an attorney.

The smartest move?

👉 Start with Step 1. I’ll evaluate readiness, disclosures, inventorship, assignment issues, timing, and next steps , so you avoid all three costly traps.