09-Aug-2021
written by: Hana Bishara
An invention is a unique, novel device, composition, or process representing a new solution to a technical problem and protected through patents. It is a nonobvious idea that persons working in the same field as the inventor cannot easily discover it. And it does not have to exist in tangible form just yet, but it does need to be thoroughly considered.
Such an invention is protected through patents, where the inventor can control the commercial use of its invention.
As per the patent; it is a sort of intellectual property protection for inventions. By acquiring a patent, an inventor is claiming ownership of his/her creation and preventing others from creating, using, or selling it.
The patent protects the inventor’s idea for a specific period (usually twenty years) and can be used to restrict others from copying it. A process, composition, or device that is already well-known to the general public, as detailed in a printed book or was in public use, on sale, or otherwise available to the public before filing a patent application may not be granted a patent certificate.
Thus, it is essential for the inventor not to disclose the invention before its registration.
Public disclosure of the invention is anything that makes it easily accessible to the public, such as a journal, a conference presentation, internet publishing, or a library-indexed dissertation. Invention disclosures include a detailed explanation of something new and not obvious, stated so that anyone with ordinary experience in the area or industry with technical skills may duplicate the invention independently.
However, any premature public disclosure will negatively impact the ability to obtain a patent because it will no longer be patentable if the inventor has disclosed information about it to the public before filing for a patent. The submission of an invention should precede any publication or oral presentation that describes the invention. Sharing the data with colleagues or posting an abstract on the Internet are examples of public disclosure that need to be prevented if the invention might be patentable.
Therefore, some precautions before disclosing the idea are necessary. This includes not sharing the idea online.
The first step is documenting and recording the invention in writing; make a list of the invention ideas and keep track of them.
The first stage in commercializing innovative ideas is to obtain ownership rights. An inventor will not be able to profit from his/her invention just by thinking about it; he/she will need evidence to prove that he/she was the first to think of it. Moreover, it is only by putting the invention in writing in its details that an inventor can prove the date of invention and that the whole idea is his/her.
The second step is to make sure the invention is not already patented by conducting a patent search and visiting the relevant authorities. Even if no patent has been filed, if any artwork or design illustrations related to the concerned invention exists, the inventor will most likely not be able to patent it.
The third step is making sure that the idea has a market from a business point of view.
The fourth step is not talking to anyone about the invention; if the inventor considers meeting with potential partners, vendors, or investors and thinks he/she will have to share at least part of the non-patented idea, consider a nondisclosure agreement (NDA).
Also, reveal only what is a must and nothing more; If the inventor proposes an idea to a potential client, give them only the information they need to understand the product or service. Any information that is not necessary to complete the deal shall not be disclosed (taking careful notes on any interactions or chats in which the inventor is exposing information to third parties is essential. The more information the inventor may retain in these records, the more beneficial they will be if ownership is challenged in court in the future).
The last primordial step is reviewing the idea and the written notes with a Patent and Intellectual Property lawyer. The Patent and Intellectual Property lawyer might also discuss with the inventor the elements in the idea that are not eligible for a patent, copyright, or trademark but might be protectable as a Trade Secret or with a confidentiality agreement.
It is ok to tell an attorney about the invention as an attorney is already under an ethical obligation not to divulge the client’s invention to anyone. It is always possible to sign an NDA with the attorney for more assurance.