Why invention should be protected

How long must the information be kept confidential? This issue is often a subject of negotiation. Disclosing parties want a long period, while receiving parties likely want a short one. Five years is a common length in the United States, although many companies insist on no more than two or three years.

In Europe, it is not unusual for the period to be as long as ten years. Ultimately, the result depends on the relative bargaining power of the parties.

If the answer to these questions is only a few years, then you are unlikely to be damaged by a shorter two- to three-year period. One more warning: If scheduling a meeting with a potential licensee that refuses to sign a nondisclosure agreement, this should raise some red flags.

It is fairly common for manufacturers and distributors to sign such agreements, as long as their terms are reasonable. If you are dealing with someone who refuses, that might raise questions about their motives. It is always safest to get a prospective licensee to sign a nondisclosure agreement, but you may not always be able to convince the person or company to do so.

When that happens, you are left in a somewhat vulnerable position. If you disclose crucial information without the agreement, you risk losing your rights to the invention as well as the ability to file a patent if it is considered a "public disclosure under new "first-to-file" rules.

If you don't disclose it, you risk losing a business opportunity. Probably the most important factor to consider is the reputation of the person or company you're dealing with. If the company has a poor reputation, the dangers of losing your secrets outweigh the business opportunity. Under trade secret law , if you reveal your secret to the public, you lose your rights to the secret.

In other words, once you've disclosed the secret, you can no longer claim that you own exclusive rights to it. Under the first-to-file patent law, if you disclose details of an invention to the public before filing for a patent, the invention will no longer be patentable, meaning anyone can use it.

If you have filed a provisional patent application, you may make public disclosures though this is not recommended , provided you file a regular patent application within one year.

Disclose "around" the secret. So, while you do need to have some kind of identifiable manifestation, you can start by proving your concept on paper. With some guidance to coax out your idea you might actually have more than you think. For example, with the help of someone familiar with CAD and can help you create detailed 2D drawings and 3D renderings of what you are thinking about, you might soon realize you have an invention and not a mere idea.

For example, Enhance Product Development works with inventors to help them turn their inventions into reality, but they also work with those who are on the path toward becoming inventors and who need help at the ideation or concept stage. Many people will have great ideas, but what separates those who can turn their ideas into money from those who cannot is a strategy to define the idea with enough specificity so that it can become an asset that can ultimately be protected.

To profit from your idea you must package it so that it is something the law will recognize as protectable. If you are having difficulty moving out of the idea phase and into the invention phase take a look at Moving From Idea to Patent and About the Invention Process.

These articles will provide some insights and help you formulate a plan for reaching the invention stage, which is where you want to be in order to commercialize and monetize your ideas. First to file has to be interpreted as file first , which makes filing provisional patent applications quickly after an idea has matured into an invention is absolutely critical. Of course, a poorly prepared and hastily filed provisional patent application will provide little or no benefit.

For more information on provisional patent applications please see:. Image Source: Deposit Photos. Gene founded IPWatchdog. He consults with attorneys facing peculiar procedural issues at the Patent Office, advises investors and executives on patent law changes and pending litigation matters, and works with start-up businesses throughout the United States and around the world, primarily dealing with software and computer related innovations.

Tags: ideas , independent inventor , independent inventors , inventor , patent , patents , provisional patent , provisional patents. Read more. Hi Gene — Thanks for another interesting article — I am a great fan of yours and agree with virtually everything written in the article and with respect in this instance I am sorry to say I am disappointed with the way you put some of it.

I respectfully beg to differ. Using those other means of asserting ownership rights, can be just as powerful and effective as asserting patent rights, particularly if the idea being misappropriated is particularly significant, revolutionary, or worth a great deal of money!

A whole lot! Who would have ever even attempted to do that?! And, what about a book that gets made into a blockbuster movie? Same goes with plagiarism.

Also, proven plagiarism can not only cost lots of money and cause someone great shame, but it can also cost a person s their job and even careers, and in so doing ruin their life — forever.

So, I treat any idea that is not common i. The later seems to be particularly distasteful to many inventors today, who would seem to prefer not to citing ANY prior art, whatsoever despite that not being kosher with the PTO! This could be in a journal publication, presentation at a conference, posting on a website, or even discussions with scientists from other academic institutions. An invention, including asexually reproduced plants, can also be disqualified if it was sold, offered to be sold, used or displayed in public, or if a previous patent application was filed.

This is not an exhaustive list of potential disqualifications and it is important to work with UNHI early to ensure that the maximum opportunities for your invention are preserved. The total cost to file a U. Costs to obtain foreign patents may be five to ten times higher, depending on the number of countries where applications are filed. Often the university accepts the risk of filing a patent application before a licensee has been identified.

After university patent rights have been exclusively licensed to a licensee, the licensee reimburses past patent expenses and supports all future costs. If UNHI decides to seek patent protection, there is no personal financial investment required of the innovator. UNH allocates funds each year to support IP protection. A design patent is granted for the distinct visual appearance of a product. Plant patents can also be granted a design patent if the plant in question has a distinct shape.

A vehicle with a unique headlight shape or distinct spoiler can also be granted a design patent. While these characteristics are visual, they also increase the value of the product and thus qualify for patents. A design patent grants the inventor exclusive rights for 14 years from the date of approval and does not require maintenance fees.

A trade secret refers to any information of value that is not known to the public and that the owner has taken reasonable steps to protect from public disclosure. This includes confidential information related to research and development, customer lists, business plans, and others.