Laredo, TX asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas

Q: Could documented proof (not temporary patents or signed papers) be enough to sue someone for stealing my invention ide?

I have a great invention idea and want to go to a patent lawyer because getting a patent on my own seems complicated and I don't want to mess up. However, I don't want to tell anyone about my product idea because even if they sign non-disclosure papers, they could secretly tell others (especially their loved ones) about my invention so it could be stolen. I have documented proof that I invented it a while back but will that be enough to sue or protect myself if my idea gets taken? What if the fraudulent people document my idea and say it was just a coincidence I had done it before them and get away with taking my idea? If I could proof that I made up the invention first would I win and get my idea back? Do I even need to tell my patent lawyer or he will end up finding out?

1 Lawyer Answer

A: You should not be concerned that a patent attorney is going to steal the idea underlying your potential patent application. There are robust legal protections in place to protect your private and confidential information when you discuss legal matters with an attorney. If an attorney were to steal your idea and patent it for him or herself, you would be able to sue that attorney and that attorney would face the possibility of being disbarred (disallowed from practicing law).

If you're concerned that others will steal your idea, don't tell anyone about your idea until an attorney has filed a patent application on your behalf. Protection from theft is one of the many things that a patent application buys you.

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