How Can I Protect My Invention While My Patent Is Pending?

Securing a patent is a lengthy process, and during this time, your invention is potentially vulnerable. Many inventors worry about their ideas being copied or exploited by competitors, which are valid concerns. That said, the United States Patent and Trademark Office (USPTO) as the government agency responsible for granting patents in the United States establishes a record of your invention when the formal patent process is initiated by filing a patent application and the Patent Cooperation Treaty (PCT) helps protect inventions internationally. Moreover, there are additional recommended proactive measures you can take. Please continue reading and reach out to a dedicated New Orleans, Louisiana patent lawyer from Lemler IP to learn about how to protect your invention while your patent is pending.

How Can I Safeguard My Invention While My Patent Is Pending?

Protecting your invention can involve multiple strategies. Just some of the ways in which you may protect your patent-pending invention are as follows:

• Hire a Patent Attorney: A patent attorney can provide strategic guidance on how to best navigate the patent process and protect your intellectual property effectively. Without an attorney in your corner, you run the risk of making crucial mistakes.
• Use Non-Disclosure Agreements (NDAs): Always have parties sign NDAs before sharing details. NDAs are critical in ensuring that anyone you disclose your invention to is legally obligated to keep it confidential, preventing unauthorized disclosures.
• Mark Documents as Confidential: Clearly label all relevant documents as confidential. This step reinforces the importance of secrecy and reminds recipients of their obligation to protect the information.
• Limit Information Disclosure: Share only necessary information. By providing only essential details, you reduce the risk of exposing critical aspects of your invention that could be exploited.
• Maintain Detailed Records: Document every interaction and agreement. Keeping comprehensive records of who you speak to and what is discussed helps establish a paper trail that can be crucial should legal disputes arise.
• Use Provisional Patent Applications: File a provisional patent to secure an early filing date. A provisional patent allows you to establish an early priority date, providing a year to further develop the invention and file a complete patent application.
• Monitor for Infringements: Regularly check for unauthorized use of your invention. Vigilance in monitoring the market can help you detect and address infringements promptly, preserving your invention’s integrity.
• Leverage Trade Secret Protection: Utilize trade secret laws for additional security. Trade secrets can offer indefinite protection as long as the information remains confidential and provides a competitive edge.
• Implement Security Measures: Use physical and digital security to safeguard your information. Employ security practices, such as encryption, secure storage, and restricted access, to protect your invention from unauthorized access and leaks.

If you have additional questions about protecting your invention while your patent is pending, or you otherwise require the services of a seasoned New Orleans intellectual property lawyer, simply contact Lemler IP today.