When Is It Necessary To Protect An Invention?

The creation of a new product or method is rarely simple. There are several difficulties to overcome, ranging from the issues and concerns presented during R&D to the difficulty of finding suppliers and convincing investors.

Bringing an invention to life sometimes feels more like navigating a roaring torrent than a peaceful and tranquil river. However, sometimes along the way, innovators and inventors must make time to protect their creations with patents. This is a critical step in protecting an invention, keeping competitors away, and guaranteeing investors.

When should you file for a patent?

To address this, we must first evaluate the two patentability conditions; that is, the legal requirements that patent offices will consider when deciding whether or not to award a patent on an invention. These two requirements are: uniqueness and disclosure sufficient.

• Novelty

The criterion of novelty demands that the invention claimed in the patent be novel, that is, it should never have been revealed to a third party without the constraint of secrecy. This means that a patent does not have to be submitted right away to protect an innovation that can be developed in-house and in secrecy.

Conversely, when technical information must be published – for example, to a supplier, subcontractor, customer, or even the general public to gauge interest – it is critical to decide whether to seek a patent because any patent application must be filed prior to this disclosure.

• Sufficiency of disclosure

It is tempting to desire to protect an invention as soon as possible, for example, as soon as the concept of the invention is formed and even before any technological realization. However, it is critical to first consider the necessity for adequate disclosure. This requires that an invention be described adequately in the patent application so that a person competent in the art can replicate it.

A patent application must thus include enough technical information such that a person knowledgeable in the art may duplicate the claimed invention without substantial investigation. As a result, a patent application that presents an invention theoretically but lacks technical specifics may be denied by a patent office on this grounds.

Furthermore, it is often difficult, if not impossible, to modify a patent application after it has been filed in order to incorporate a technical advance that was not anticipated when the patent application was developed. As a result, the best time to protect one’s invention is usually when the idea has been sufficiently “preserved” in its technical aspects and only secondary features can still change without disrupting the inventive concept.

Filing a patent application to protect an invention should be considered when its key technical aspects have been recognized and are unlikely to change, but before any disclosure to the public or other parties. This moment is not always obvious, and professionals are available to discuss the best strategy to protect your inventions.