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 consultation with a patent attorney. 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 worldwide prior art 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 a full application.
This is exactly why the search comes first, 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 a consultation. I’ll evaluate readiness, disclosures, inventorship, assignment issues, timing, and next steps , so you avoid all three costly traps.
A consultation gets you a straight answer about what protection fits and what it should cost, before you spend real money.
Book a Consultation