How can you protect your patent while sharing your invention?

1 Understand your patent scope

Before you disclose any details about your invention, you should have a clear idea of what your patent covers and what it does not. A patent is a legal document that grants you the exclusive right to make, use, or sell your invention for a limited period of time, usually 20 years. However, a patent does not protect your idea or concept, but rather the specific features and functions that make your invention novel, useful, and non-obvious. Therefore, you should identify the core elements of your invention that are essential for your competitive advantage and avoid revealing any unnecessary or irrelevant information that could limit your patent scope or enable others to copy or improve your invention.

2 Use confidentiality agreements

One of the most common and effective ways to protect your patent while sharing your invention is to use confidentiality agreements, also known as non-disclosure agreements (NDAs). An NDA is a contract that binds the parties to keep the information shared confidential and not to use it for any other purpose than the agreed one. An NDA can specify the duration, scope, and terms of the confidentiality obligation, as well as the remedies and penalties for breach. You should always use an NDA when you share your invention with anyone who is not bound by a fiduciary duty or a professional obligation to keep your information secret, such as potential partners, investors, suppliers, customers, or consultants. You should also make sure that the NDA is signed before you disclose any details about your invention and that it covers all the relevant aspects of your patent.

3 Apply for provisional patents

Another way to protect your patent while sharing your invention is to apply for provisional patents, also known as provisional applications. A provisional patent is a temporary application that allows you to establish an early filing date for your invention and to use the term "patent pending" on your marketing materials. A provisional patent does not require a formal patent claim, specification, or examination, and it is cheaper and faster to file than a regular patent. However, a provisional patent does not grant you any patent rights and it expires after 12 months, unless you file a non-provisional patent application that claims priority from the provisional patent. A provisional patent can help you protect your patent while sharing your invention by giving you more time to test, refine, and market your invention before you commit to a full patent application and by deterring others from copying or infringing your invention.

4 Limit your disclosure

A final tip to protect your patent while sharing your invention is to limit your disclosure to the minimum necessary to achieve your purpose. You should avoid disclosing any technical details, drawings, prototypes, or samples of your invention that are not essential for demonstrating its value or feasibility. You should also avoid disclosing any information that is already public or that you intend to make public, such as through publications, presentations, or exhibitions, as this could affect your patent eligibility or validity. You should also monitor and document your disclosure activities and keep track of who, when, where, and how you share your invention. By limiting your disclosure, you can reduce the risk of losing your patent rights or weakening your patent position.