How Do I Stop My Idea From Being Stolen? (Part 2- Patent Application)

In Part 1 I laid out the three-step invention protection plan I encourage inventors to use to help prevent their invention from being stolen.  In this post I discuss step 1 of the plan, applying for patent protection.

Step 1) Apply for patent protection

Initial Patent Search and Filing

I generally recommend doing a patentability search first, to make sure you are not wasting your time and money on an invention someone else came up with before you (and for other reasons).  Once you have either done that or decided against it, you should get a patent application on file with the Patent and Trademark Office.

The Value of “Patent Pending” Notice

Then, describe your invention as “patent pending” in all of your documentation and in your sales pitch. This puts others, particularly established businesses, on notice that you have applied for patent protection.  Businesses are much less likely to steal someone’s idea and spend millions developing, marketing, and distributing it when they know your patent could issue at any time and wipe out their investment.

Filing a patent application also has the added benefit of making it much easier to find investors.  Most investors will want to see that your intellectual property is protected before they will invest their capital into a project, particularly if your invention is something a larger company could easily reverse-engineer and copy.

Consider a Provisional Application

If you are still developing your invention or would rather wait to invest in a nonprovisional application until you have attracted investors, you can start out with a provisional application.  Provisional applications are less expensive and give you a year to file a full nonprovisional application that gets the same early date as your provisional.

Conclusion

If your invention can be protected by a patent, applying for this protection should be your first step before discussing it with anyone else.  If you have any questions or comments on this topic, please leave them in the comments.

Part 3- Step 2 of the Invention Protection Plan (Non-Disclosure Agreements)