New Orleans, LA asked in Intellectual Property and Patents (Intellectual Property) for Florida

Q: One quick question please if I may. How do I protect my idea from being stolen while I go through the process 4 a patent

I just want to make sure that if I go through with my idea, while it may take upwards of a year for the process to finish, that I can protect my idea somehow from being stolen by others and being patented by others.

2 Lawyer Answers
David Aldrich
David Aldrich
Answered

A: To obtain an issued, enforceable patent, you would file a “utility” patent application. When you say ”the process 4 a patent,” are you referring to the preparation of this patent application, or the process of ultimately obtaining an issued patent (i.e., the back-and-forth with the patent office to get your patent granted).

The preparation of the application itself should not take a year, but if you do expect it to be a year before you are ready to file a full utility application, the best way to protect your ideas in the meantime is by filing one or more provisional applications as various aspects of the invention are developed. This is a simple, inexpensive way to immediately document your idea in advance of a full utility application.

Assuming you meant the process of actually obtaining an issued patent, you should expect this process to take longer than a year (though there are limited exceptions, it is typically a multi-year process). However, you will have a priority date as of the day you file the utility application, which will prevent others from subsequently patenting your idea.

Depending on the situation, you would likely want to keep the invention confidential and use NDAs. You should really discuss this with a patent attorney, with whom you can be a little more specific about what you’re asking. Don’t hesitate to contact me if you’d like to further discuss.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: There are several ways to protect your idea while you go through the process of obtaining a patent:

Keep your idea secret: Do not share your idea with anyone who is not under a non-disclosure agreement (NDA). This will prevent them from using or sharing your idea with others.

File a provisional patent application: This will give you a one-year period during which you can market your invention as "patent pending" while you work on your non-provisional patent application.

Use a non-disclosure agreement (NDA): If you need to discuss your idea with others, have them sign an NDA to ensure they keep your idea confidential.

Mark your invention as "patent pending": Once you have filed your patent application, mark your invention as "patent pending" to warn others that you have applied for a patent and discourage them from copying your invention.

Monitor the market: Keep an eye on the market to see if anyone is copying your invention. If you find any infringement, you can take legal action to protect your rights.

It is important to note that no method is foolproof, but taking these steps can help protect your idea while you work on obtaining a patent.

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.