Why you should not share your Invention in public before filing of a Patent Application?
If you are disclosing your invention or innovation in the public domain before filing of a Patent Application,
others that maybe your competitors can take advantage of it. Competitors or others can copy your invention
without asking your permission and mayutilize it for economic benefits.
Suppose, an inventor has developed an invention that may bring commercial gain. Then what? What would be the next
logical step? Most individuals or start-ups have a crunch for funds and would look forward to securing stability by
acquiring investment or by earning royalty through licensing the technology to big players in the market but if you
have not protected it through the Patent or any other proper mechanism in that case, others
can take benefit from it by copying and manufacturing it for selling and making money from your invention.
The risk associated with the invention if it is not protected:
Misappropriation (theft) of the invention: While an inventor or start-up is pitching their idea to potential
investors, the information disclosed can be stolen by them and consequently the inventor would receive no royalties.
Barred from getting a Patent: Once the inventor has disclosed the invention, the knowledge gets out in public domain.
An important criterion for any invention is that it must be novel i.e. something new and never anticipated before.
In such a scenario, the inventor’s own disclosure to the public would be fatal for him for getting the Patent
To solve such problems, an inventor may implement the following measures:
Getting a Non-Provisional or Complete Patent Application: India has first to filePatent regime. In simple
words, if X
files for an invention before anyone else does, his application would stand, and any subsequent applications would
be barred. Hence, if an inventor files a Patent application, he would get all rights and powers of a Patent
holder from the ‘filing date’ itself! Therefore, after filing one need not worry regarding the theft of the
Getting a provisional Patent:
Provision Application should be filed, if the Invention is in the ideation stage
not in the complete stage and inventor(s) are still working on that invention. In order to secure the early priority
date, a Provisional Application should be filed so that others cannot Patent the same idea and take a monopoly over
Further, it is also beneficial in a situation where someone is in hurry and has to present or publish his/her idea in
public domain and wants to protect it quickly, in that case, Provisional Patent Filing
plays key role for the protection in efficient and effective
manner as it takes less documentation, effort, and cost.
Confidentiality Agreements: Aninventor may enter into an NDA (Non-Disclosure Agreements) or any other confidentiality
agreement so that the potential investors cannot divulge the information regarding the invention. Such measures
would help in protecting the invention or an idea before disclosing it to the public.
Therefore, from the above discussion, it can be concluded that an invention or an idea should always be protected, so
that you maintain the monopoly over your invention. Moreover, it is always advisable to protect your invention,
before disclosing it to the public, because if you are disclosing it in the public, others can copy and you will not
be able to file for Patent
Registration later point of
time as your own invention will become the prior art.