How to Solve the Secrecy Problem before Filing - 4 Issues
- By Kevin Wolfe
- Published 11/10/2011
- Patents
- Unrated
Inventors are always encouraged to file the patent application quickly. Inventors are asked to file it before any of the following, before the invention is used in the public for the first time, before anything is published anywhere about the invention and before the invention makes any money for the inventor.
Discussing Some Tricky Scenarios
* There is always the risk of the invention getting stolen. And this is a main reason why inventors should do the filing as soon as they are ready. After all, this has happened not once or twice, but several times. Often, the results of this for the inventor are sad indeed. The person is never recognized and does not get financial compensation as well. What you have come up with because of your hard work and ingenuity can soon be taken over by individual greed or corporate espionage.
* In one interesting instance, a competitor stole the invention, and approached a trade magazine to publish news about this invention. The inventor had no idea about this, and only filed the application a year later. The application was rejected. The patent office informed the original inventor that the date of publication precedes the application
, and so, somebody else has already staked the claim.
* There is another reason why you should file your application quickly. Sometimes just by coincidence, two people might be working on the invention independently at the same time. This means that there is a race to its completion. If you are satisfied with the outcome, you should immediately do the filing. Procrastination could be a costly mistake here.
* This however presents another problem. Many an inventor would like to market test the invention before making that application. The problem is that, market testing can expose the invention. Competitors will then be aware of its presence. So, never disclose anything to anybody who has got nothing to do with it, till you have approached the patent board. The best approach will be to file the application prior to market testing. You can do your testing then. If it reveals that some changes or modifications are necessary, you can then carry them out and come back to the board with another request or appeal.
There's another thing you can do. In the US, there is a grace period of 1 year, and so, you can do your testing in this time.
You have done all the hard work coming out with your invention. It definitely deserves patent protection. So, don't delay.
Discussing Some Tricky Scenarios
* There is always the risk of the invention getting stolen. And this is a main reason why inventors should do the filing as soon as they are ready. After all, this has happened not once or twice, but several times. Often, the results of this for the inventor are sad indeed. The person is never recognized and does not get financial compensation as well. What you have come up with because of your hard work and ingenuity can soon be taken over by individual greed or corporate espionage.
* In one interesting instance, a competitor stole the invention, and approached a trade magazine to publish news about this invention. The inventor had no idea about this, and only filed the application a year later. The application was rejected. The patent office informed the original inventor that the date of publication precedes the application
* There is another reason why you should file your application quickly. Sometimes just by coincidence, two people might be working on the invention independently at the same time. This means that there is a race to its completion. If you are satisfied with the outcome, you should immediately do the filing. Procrastination could be a costly mistake here.
* This however presents another problem. Many an inventor would like to market test the invention before making that application. The problem is that, market testing can expose the invention. Competitors will then be aware of its presence. So, never disclose anything to anybody who has got nothing to do with it, till you have approached the patent board. The best approach will be to file the application prior to market testing. You can do your testing then. If it reveals that some changes or modifications are necessary, you can then carry them out and come back to the board with another request or appeal.
There's another thing you can do. In the US, there is a grace period of 1 year, and so, you can do your testing in this time.
You have done all the hard work coming out with your invention. It definitely deserves patent protection. So, don't delay.
Kevin Wolfe
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