Who Are You Allowed to Share Your Invention With?
When you create a groundbreaking invention, the excitement is undeniable. You’ve spent countless hours bringing your idea to life. Maybe you’ve even developed a prototype. Naturally, you want to share your invention with the world. But before you start telling everyone, it’s crucial to know who you can safely share your invention with and what precautions are necessary to protect your intellectual property.
Necessary Precautions Before Sharing Your Idea
Before discussing your invention publicly, take the necessary precautions. While you might need manufacturers, engineers, or other professionals to help bring your invention to life, sharing your idea without protection can be risky.
One of the best ways to protect your invention is by ensuring that any conversation about it is covered by a confidentiality agreement or non-disclosure agreement (NDA). These agreements legally bind the other party to keep your invention a secret, preventing them from using or disclosing your idea without permission.
If you’re sharing your invention with colleagues or team members, your employment agreement likely includes a confidentiality clause. This clause protects your invention and other proprietary information from unauthorized disclosure.
When dealing with third parties like manufacturers or draftsmen, it’s critical to have protection in place. Ideally, your invention should be protected by a patent—either through a provisional or non-provisional patent application. If that’s not yet possible, make sure to have an NDA before sharing any details about your invention.
For detailed advice on avoiding common pitfalls in the invention process, check out our guide on Avoiding Common Pitfalls in the Invention Process.
Precautions for Sharing Your Invention with Investors, Potential Licensees, and Crowdfunding
Sharing your invention with investors or potential licensees presents unique challenges. Most investors and licensees are reluctant to sign NDAs because they review numerous inventions and don’t want to be legally bound by every idea they encounter. In these situations, filing a non-provisional patent application or a provisional application in the early stages is wise. This ensures that your invention is protected even if the other party refuses to sign an NDA.
Crowdfunding platforms like Kickstarter also require caution. As inventor Stephen Key said, crowdfunding can be like “a catalog for copycats.” Before launching any crowdfunding campaign, secure your intellectual property through proper channels. Without protection, your invention could be copied and used by others, leaving you without recourse.
To learn more about navigating the patent landscape and understanding when to patent your idea, visit our blog on Navigating the Patent Landscape: Understanding When and When Not to Patent Your Idea.
Sharing Your Idea with Your Patent Attorney
You can rest assured that sharing your invention with a patent attorney is safe. Legally patents attorneys are bound by ethical duties to maintain confidentiality. If they share your invention with others, they could face disbarment. This level of protection allows you to comfortably discuss your invention with your patent attorney, knowing that your intellectual property is secure.
Talking About Your Invention to Friends and Family
Discussing your invention with friends and family might seem harmless, but it’s considered public disclosure. Publicly disclosing your invention triggers a 12-month grace period with the USPTO for filing a patent. Once this period starts, someone else could file a patent application for a similar invention, potentially preventing you from obtaining patent protection.
Sharing your invention on social media platforms like Facebook, Twitter, or Instagram is also considered public disclosure. Safeguarding your invention, file a provisional patent application early to ensure your rights are protected from the outset.
For more insights on taking your invention from mind to market, explore our guide on From Mind to Market: A Step-by-Step Guide to Realizing Your Invention.
Curious About Who You Can Share Your Invention With?
If you’re still unsure about who you can safely share your invention with, it’s time to seek professional advice. Schedule a free discovery call with our team today. At Innovent Law, we specialize in helping innovators protect, maintain, and defend their patents, trademarks, copyrights, and other intellectual property rights in the United States and worldwide.