Protect your Invention

So, you have this great idea that you have been tinkering with, but you  haven’t quite ironed out all the wrinkles to where you are ready to file your patent application.  How can you protect against someone else stealing your idea and beating you to the patenting “punch”?  Well, there is one very important premise that you must be aware of that changes the parameters of the game a bit.  Unlike most other countries in the world, the United States patent system is based on “First to Invent”. Under this system, when an inventor conceives of an invention and diligently reduces the invention to practice (by filing a patent application, by practicing the invention, etc), the inventor’s date of invention will be the date of conception.  Now, if you are telling your friend about your invention over dinner and someone at the next table overhears and decides he can do it better and faster, the only proof that you have of being the first to invent will be the documentation that you have accumulated along the way.  Today we will take a look as the minimum documentation you should maintain.

Record of the conception of the invention

Once you have an idea that you plan to pursue and protect, before you begin to develop, build, test or in any way reveal it to outsiders, you should first document the Conception of the Invention.  Start with a clear description of your idea or concept, sign and date it, then have two people that you know and trust sign and date the document as witnesses who have “seen and understood” your idea or concept.

Record of building and testing

  When documenting the building and testing of your invention, you should record as much factual data about the process as possible.  Provide conclusions only if they are supported by factual data.  Try to minimize the time between conception and building/testing.  Keep accurate and full written records of all of your efforts, correspondence and receipts and have them witnessed (as previously described) by two people whom you trust.

Other possible applications

  As you proceed to build and test your invention you will probably have flashes of insight as to other possible uses for it.  Be sure to document these as you go along as they will be useful when you start work on your patent application and possibly even when you get ready to go to market or license your invention.

Trademark conception and protection

The the names and symbols that you associate with your invention can become quite valuable if your product is successful on the market.  You should document the Trademark with name, graphic design, or name with a graphic design together with the generic descriptor “goods” or “service” with which the mark is to be used.

Distinctive design conception

Product design refers to the shape of your invention, such as the shape of a the outer case or container or the design of jewelry, etc.  If it is not already recorded elsewhere, you should record the any unique design features, just as you did for a utility features of the invention.

Records of anyone the idea has been disclosed to

Any time you disclose your invention to an outside party, you should first have them sign an NDA.  Be sure to keep a list of names, contact info and purpose for the disclosure.

Postmark Patent

The mythical "postmark patent" offers no additional protection whatsoever. Having someone sign your written description as a witness would accomplish the same thing – documenting your date of conception.

It is vital to keep an organized record of your invention process to back up your invention claim.  We have found the "The Inventor’s Notebook A “Patent It Yourself” Companion" to be a useful tool. It can be found at: www.nolo.com.  For more tips and tools on patenting, check our the Patent Tool Box HERE.