Q: Why is it not possible to maintain at the same time a patent and ensure non-disclosure of confidential information?
A:
It is possible to go partway through the process with your proprietary information as a secret. However, if you let the patent application publish or you pay an issue fee to get a granted patent then your information becomes public knowledge. You have patent rights to protect the unauthorized use of your idea.
The patent system requires a trade. You provide enough information on how to make and use your invention as part of the trade for getting a patent. Once your patent expires, then people can use your patent document to teach them how to make and use your invention.
With some clients with certain types of inventions, we push to get a decision from the patent office before we commit to allow an application to publish. If the process does not seem likely to lead to a useful patent, then we abandon the application and retain the idea as a secret.
Unfortunately, many products can be easily reversed engineered so many good ideas cannot be maintained as a secret once you start selling to the public.
If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at
https://lawyers.justia.com/lawyer/kevin-e-flynn-880338
Kevin E Flynn
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
