How to protect an invention before getting a patent?

Most of the innovators seek to make money from an invention by licensing it to a big organization that will produce and put on the market the invention. Although, they take the risk that potential licensees to whom they communicated about the innovation might steal that invention or preventing them to be registered as a patent.

Therefore, many times innovator files a provisional application for a patent to tackle this problem. If the invention meets all the criteria of patentability then patent-pending status gives the protection for some duration with minimum charges. In this article, we will see the various options that will answer the question, how to protect the invention before getting a patent.

Here, are some ways to protect an invention before receiving a patent.

By filing a Provisional Patent Application:

As discussed earlier, filing the provisional patent application is the best way to avoid the stealing of your invention for a specific period. To protect in this way, will deter infringer because they will identify that you are quite grave in preserving your invention and protecting the rights legally. To use this option, an invention must fulfill the required criteria according to the respective state Patent Laws.

By Non-Disclosure Agreement (NDA):

Another choice with innovator is the signing of a non-disclosure agreement (NDA) before revealing the invention. If an innovator identifies that an invention is not patentable then it's an effective way to protect the idea. This type of document is also recognized as the "Confidentiality Agreement".

This agreement needs to be signed by the buyer or licensee before the meeting means the innovator reveals the secret. If buyer or licensee sign the contract and later disclose the invention to the third party for benefits then the inventor can sue them in the Civil Court for damages.

There are different formats for the Non-disclosure agreements but they generally comprise below essential components:

• Classification of what is and what isn't confidential information

• The obligation of the buyer party/licensee getting secret information

• Time durations which is applicable

An NDA may also include an "arbitration" clause in case of any disagreement, while arbitration is a confidential procedure. If the inventor were compulsorily suing in the court then he/she may also compulsory reveal the secrets in open court.

know more about, non-disclosure agreements, see the video below-

By Non-compete agreement:

If an inventor appoints some other individual to assist them for further research work then they have to just ask that individual to sign the Non-compete agreement. A non-compete agreement averts an individual or organization from beginning a business that would threaten the inventor within established boundaries.

know more about, non-competing agreements, see the video below-

By work-for-hire agreement:

If the inventor employs someone to assist fine-tune the invented product, guarantee that all the improvements they put which made to that idea would be owned by an inventor. Anything employee comes up with, the inventor owns that. An inventor will yet require to name the individuals who made the enhancements as co-inventor in the patent application if goes for patenting, but that co-inventors have no rights on that invention/idea.

By using the law of Trade-Secret:

Under Trade secret law, if the inventor discloses the secret in the public domain then the inventor loses their rights over that secret.

Trade secret preserves secret information. Trade Secret protection only remains until the inventor begins to market their invention. Formerly inventor begins to advertise the invention; the invention is disclosed to the public. Trade secret protection ends to exist for your invention. Conversely, a trade secret only defends the inventor against people who attempt to recline to the inventors and whip the idea. Trade secrets have independently arisen from the idea themselves. Hence, they did not filch the idea so the inventor cannot prosecute them for embezzlement of a trade secret.

The law declares that, if an inventor considers as the trade secret, then it is the trade secret. On the other side, if an inventor does not consider it as a trade secret then it is not a trade secret. Its sounds like self-satisfying foretelling which it is.

By building relationships with competitors:

This solution may feel not perceptive, but setting up mutually helpful relationships with the biggest competitors is one of the great ways to guard the inventor's idea. For example: If an inventor opens his own novelty guitar pick business, then he must hire the largest producer in the industry to prepare the picks. By providing them business, the inventor would not consider them as a threat even though share a similar marketplace but will start the respect each other.

This tip will make it tough to pinch the inventor's idea. If an inventor could get the assistance of any legal documents then they should make sure that they should discuss it with the appropriate attorney and surety about accuracy and protection of an idea.

Also, confidential relations can be implicit if specific elements are present:

1. The individual to whom the inventor gave confidential information solicited the idea from the inventors, they did not provide it without prompting

2. The inventor represented that the invention was a business proposition and he anticipated the fees/charges.

3. At the time of revelation, the inventor requested that the information should be maintained with secrecy.

4. Inventors make sure that, the information would not be known by the competitors.

Using design patents instead of utility patents:

If inventors are not ready to spend high costs on the utility patents then they can opt for the design patent that has a lower cost. But, design patents and utility patent protects diverse elements of the inventions. Design Patents protect the cosmetic interface of the product. Utility patents protect the practical character of the product. Design patents cannot be used to preserve functional aspects and vice versa.

Conclusion:

Hence, there are ingenious ways to aggressively protect the idea without applying for a patent. We have seen different affordable business strategies that will guard business ideas against being stolen. Other forms of intellectual property like copyrights or trademarks cannot be used to safeguard the invention. Copyrights protect literary work and trademarks protect the brand used for commerce. But the Trademark also helps the inventor to establish ownership for the product. Since, names become tantamount to goo­­ds, having registered a trademark makes the impression that the idea which the inventor selling is directly connected with those goods.

know more about patents law, see the video below-

By-

Sushama Mhasurle