The Consequences of Failing to Patent Your Invention

Unlike copyrights and trademarks, there are no common law rights associated with patent protect. The only way to protect an invention is through the patent process. An issued patent provides you with the ability to prevent others from making, using or selling your invention without your permission. If your patent meets the statutory requirements, it could provide you with a competitive advantage. An issued patent can be a building block to help grow your business, and attract investors and customers. It may provide you with the protection you need and recognition for your invention.

While there are many advantages to obtaining a patent, there are also a number of issues in failing to apply for one.

What Happens When You Do Not Patent Your Invention

• Other companies or individuals may steal your idea: The most apparent disadvantage of failing to file for a patent is someone else claiming ownership. Unfortunately, recreating and transforming concepts is easier to do nowadays. If you want to safeguard your invention, make sure to apply for a patent.

• Essentially, someone could patent the invention instead of you, barring you from profiting from your own idea. You would not be able to sell your invention or licensing it—some of the ways you could profit from your invention. However, this would not be possible if you do not have the rights to it from the start.

• A failure to protect your invention with a patent makes your invention available for anyone to use. Your permission is not required if you do not have patent protection

How to Know If You Should Patent Your Idea: The Checklist

If you fit any of the items on the following checklist, then patenting may be a good idea for you.

• You believe that competitors could reverse engineer your invention or greatly benefit from using it to their advantage.
• You need to work with other people, such as partners and manufacturers, to bring your idea to life.
• Your idea is a unique solution to a problem that others have not been able to solve in a satisfactory manner.
• There is a large potential market for your invention.
• You want control over your invention.

If you find any of the items in this list advantageous for you, then look into the process of patenting.

The First Things to Do Should You Consider Filing a Patent

Should you decide to file for a patent for your invention, here are the things to keep in mind:

• Keep your invention confidential until after you have sought out the assistance of a Registered Patent Agent. Making your invention available to the public through sales, advertisements, providing drawings, doing presentation, etc. can negatively affect your ability to obtain a patent.
• File as soon as possible. If there are other people with the same ideas as you and they file earlier than you, they will get all the rights and protection you are hoping for.
• There are often government programs that support inventors with their patent application expenses. Search for ones in your area and take advantage of them.
• Consult with a registered patent agent to ensure that you understand the process, including the potential risks and rewards.

Conclusion

Everyone deserves the correct recognition and support for their original concepts, products, designs, or processes. If you have an invention you mean to share with the world, you also deserve the same. A patent gives you more than just protection. It gives you the security and the right to profit from your own ideas. It can also makes the process of looking for partners easier and safer.

If you want more details on how to get a patent or need help with a patent application, we can assist you at Trademarks Patents Lawyer. Contact us today at (587) 400-8063.