IP Intelligence
Patent Myths
Widely repeated beliefs about patents, and what the position actually is.
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“More claims mean a stronger patent.”
Strength comes from the breadth and defensibility of the independent claims. A long claim set of trivial variations adds cost, not protection.
“Changing one word in the claim makes it new.”
Novelty is about technical content, not vocabulary. Renaming a component does nothing; a different technical feature might.
“The inventor always owns the patent.”
The inventor is the person who devised the invention. The owner is whoever holds the rights, which may be an employer, a university or an assignee.
“My copyright in the code or drawings protects the invention.”
Copyright protects the expression - the particular code, the particular drawing. It does not protect the technical idea, and a competitor who writes their own implementation does not infringe it.
“My patent is strong because the invention was hard to make.”
Strength comes from claim scope and defensibility, not from how much work the invention took.
“Keeping it secret is always safer than patenting it.”
Trade secrecy gives no protection against independent invention or reverse engineering. Patents do - at the price of publication and a fixed term.
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Every explanation here links to the ones next to it. Follow the thread rather than the menu.
Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.