How to Protect a New Invention

Two relatively inexpensive legal options provide protection for an inventor who wants to make sure no one steals his creation. If the invention is patentable, you should file a provisional patent application with the United States Patent Officeand Trademark Office (USPTO). If the invention is not patentable, prepare a legally binding nondisclosure agreement.

Instructions

File a Provisional Patent Application

1. Determine if your invention is patentable. A patentable invention is one that is new, useful and an improvement to previous inventions. Search the files of the USPTO (see Resources below) for inventions similar to yours.

2. Obtain the necessary forms from the USPTO. You will need a cover sheet (form PTO/SB/16) and a fee transmittal form (PTO/SB/17).

3. List all of the inventors on this cover sheet. Include a check or money order with your fee transmittal form. Make the check payable to the Director of the U.S. Patent and Trademark Office.

4. Write a complete description of your invention to submit to the USPTO. Include as many details as possible that show how to make and use the invention. Distinguish your invention from previous inventions in the same field.

5. Prepare a set of drawings to include with your application. The drawings must show how the invention is used or how it works.

6. Submit the written description, drawings, fee, fee transmittal form and cover sheet to the USPTO. Mark your invention patent pending. Begin test marketing your invention.

Prepare a Nondisclosure Agreement

1. Use a nondisclosure agreement if your invention is not patentable. This agreement, also known as a confidentiality agreement, is a contract in which the party receiving information promises to maintain the secrecy of the information conveyed.

2. Describe the confidential information. The description should be as complete as possible. Define the scope of the agreement carefully. Include categories of information that are protected, such as drawings, models, computer code and the like.

3. Define the purpose of the disclosure and limit the use of the information by the receiving party accordingly. Exclude information that the receiving party may already have or that will become publicly available. Set a term for the agreement.

Tips & Warnings

• Many companies are reluctant to sign nondisclosure agreements, as they may place a restriction upon the use of ideas and information that they may be developing independently.

• The provisional patent provides one year of protection while you seek investors or licensees. You will need to file a regular patent application sometime during this year.

• Use a nondisclosure agreement only when you are certain that the other party is trustworthy. Although the agreement is legally binding, litigation is costly and time consuming.

Resources

• Search patents online.
• Obtain required forms online.
• View a sample non-disclosure agreement.