How to Protect an Unpatented Idea
If you have ever worked on an invention, you may have looked into the patenting process. If you did, you would have discovered that it is highly complex, lengthy and time consuming, and frequently requires spending a great deal of money on lawyers and patent searches. Even if you go through the process, it may be years, if ever, before you have an exclusive patent on your invention. If you don't want to wait that long to provide yourself with a bit of peace of mind, there are a few things you can do to protect your claim to your product or invention even before you get the full patent. The steps below will show you how to do this.
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Instructions
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Document everything you do related to creating your invention. All notes, written or on computer, should be kept. As you work, you should date documents. Photographing the development process is also a good idea. Use a digital camera with a date stamp. The reason why all this is important is that the U.S. has a "first to invent" policy, which essentially means that even if someone else gets a patent on your product, if you can later prove that you actually invented it first, the patent devolves to you. This applies inside the U.S. even if you and your invention are in another country. And since the U.S. is the largest market in the world, securing your rights there is vital.
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Make copies of all the relevant materials at the end of the development process, when you have arrived at the final version of your invention. Seal them in an envelope, and mail them to yourself. When the envelope arrives, DO NOT open it. This envelope, date stamped by the post office, serves as a kind of time capsule to prove when you invented your product.
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Build a prototype of your invention. Creating a working model of your invention also helps secure your claim to it. You can build it yourself if you have the know-how, or you can hire a professional prototype builder to do it for you. But it is very important to have anyone you are going to discuss your invention with sign a nondisclosure agreement. This agreement prevents them from, in any way, taking advantage of their knowledge of your invention, or relating information about it to a third party. And a nondisclosure agreement is not just for the person who is constructing the invention for you. You should never discuss your invention with anyone, even family, without first having the protection of this agreement.
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