What role does confidentiality play in the patent application process?
July 4, 2024 | 60,00 EUR | answered by Otto Kock
Dear patent attorney,
I have a question regarding confidentiality in patent applications. I have developed an innovative idea for a new product and would like to patent it. However, I am unsure whether I should keep my idea confidential before the application or if I can already make it public.
Currently, I am still in the development phase and have not officially registered my idea for protection. I am concerned that someone else could steal my idea if I make it public before the application. On the other hand, I would like to discuss my idea with potential investors or partners to further advance the product.
Could you please explain to me the role of confidentiality in patent applications and advise me on the best way to protect my idea without missing potential opportunities? Are there alternative ways to protect my idea before I can officially apply for a patent?
Thank you in advance for your help and advice.
Sincerely,
Karl Köhler
Dear Mr. Köhler,
Thank you for your inquiry regarding confidentiality in patent applications. It is understandable that you are concerned about how to protect your innovative idea before officially applying for a patent. Confidentiality plays a crucial role in the pre-patent application phase to ensure that your idea is not stolen by others.
It is important to know that patent law is based on the principle of novelty, which means that your invention must not be publicly known at the time of application. Therefore, if you disclose your idea before applying for a patent, it may result in your invention no longer being considered as novel and therefore not patentable. It is advisable to keep your idea confidential until the application is filed.
However, if you wish to discuss your idea with potential investors or partners without the risk of it being stolen, you can enter into non-disclosure agreements. These agreements stipulate that the other party is obligated to treat information about your idea confidentially and not disclose it. This way, you can explore potential opportunities for developing your product without the risk of your idea becoming known.
There is also the option of filing your idea as a utility model. A utility model provides simpler and faster protection than a patent and does not require novelty examination. However, a utility model does not offer as comprehensive protection as a patent, as it does not undergo examination for inventive activity. Nevertheless, a utility model can be a good way to protect your idea from imitation while still in the development phase.
In conclusion, I recommend keeping your idea confidential for as long as possible until you can officially register it for protection. Use non-disclosure agreements to share your idea with others and consider the option of a utility model for additional protection. If you have further questions or need assistance with the patent application process, I am at your disposal.
Sincerely,
Otto Kock
Patent Attorney
