Protecting your invention early on is very important to make sure that your hard work and creativity are protected from potential theft or misuse. This is why patenting your invention is essential.
Maybe your patent is currently pending – or maybe you are just getting started on researching how to best protect your invention. In that case, you might be wondering how to protect your idea without a patent.
Even before your invention is patented, you should take some steps to protect your idea from being exploited by others without any legal recourse.
Today, we will explain how to protect an invention without a patent. We’ll walk you through the steps you will need to take. We’ll also bring up some common mistakes you should avoid at all costs.
The 4 Steps to Protect Your Invention
1. Document Everything
One of the first steps to protect your invention is to keep detailed records of your invention process. This is because documentation serves as evidence of your work, which can be essential in proving ownership.
What you’ll need to do:
- Keep Detailed Records: Use lab notebooks to document your invention process. Include sketches, notes, and prototypes. Make sure to date each entry and have witnesses sign them if possible.
- Use Various Formats: Combine written descriptions with diagrams and photos to provide a thorough record of your invention’s development.
2. Use Non-Disclosure Agreements (NDAs)
Non-disclosures are important tools that can help you protect your invention when you’re discussing it with potential partners, investors, or employees. The purpose of an NDA is to legally bind the parties involved to confidentiality. This means that it prevents them from disclosing your invention to others.
When do you use an NDA?
Always use NDAs when you’re sharing details of your invention with anyone outside your immediate trust circle, including potential business partners, investors, and even employees. Consult an invention patent attorney to ensure your NDA is comprehensive. Don’t hesitate to use an NDA if you are unsure. After all, it’s better to have an NDA that wasn’t necessary than to have your invention leak.
3. File Provisional Patent Applications
Filing a provisional patent application is an effective way to secure early protection for your invention.
What is a provisional patent?
A provisional patent application is a temporary patent filing that establishes an early filing date for your invention.
The benefits of filing a provisional patent application
It allows you to use the term “patent pending” on your invention. This provides some level of protection while you prepare a full patent application. It also gives you up to 12 months to refine your invention and file a non-provisional patent.
4. Keep It Confidential
Maintaining confidentiality is essential to prevent others from learning about and potentially stealing your invention.
What you’ll need to do:
- Avoid Public Disclosure: Do not disclose your invention in public forums, social media, or any place where it can be easily accessed by others.
- Limit Sharing: Share your invention only with trusted individuals who have signed NDAs. This includes business partners and key employees.
3 Common Mistakes to Avoid When Your Patent Is Still Pending
While your patent is pending, there are a couple of things that you definitely need to avoid doing:
1. Publicly Disclosing Your Invention Too Soon
Public disclosure can jeopardize your ability to patent your invention. Always consult a patent attorney to ensure your invention is protected before you make any public announcements or presentations.
2. Not Keeping Thorough Documentation
Incomplete records can weaken your claim to your invention. Make it a habit to document every step of your development process meticulously.
3. Failing to Use NDAs
Sharing your invention without an NDA leaves you vulnerable to theft. Always have an NDA in place before discussing your invention with others.
Start Protecting Your Invention Today
It’s important that you protect yourself and your ideas. You need to make sure that your hard work is not exploited by others. That is why taking action to secure your intellectual property with the help of an intellectual property lawyer is so important.
By following the outlined steps – such as documenting everything, using NDAs, filing provisional patents, and maintaining confidentiality – you can protect your invention effectively even before it is patented.
Don’t forget that patenting your invention is essential. These tips are meant to be used while your patent is pending or while you are still in the early research and development stages. They are not meant to replace patenting your invention in the long-term.
If you need expert guidance on protecting your inventions, feel free to reach out to us at The Law Office of Mario T Milano. We specialize in helping inventors secure their innovations before they are patented, and we can help you patent your innovation and expand your patent portfolio as well.
Protect your ideas and secure your future!
