From the course: Understanding Intellectual Property (2014)

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Sharing ideas prior to filing a patent

Sharing ideas prior to filing a patent

From the course: Understanding Intellectual Property (2014)

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Sharing ideas prior to filing a patent

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Let's say you want to share your idea, something you want to patent before you file the patent, what are the risks with that? Well, there's a pretty big risk. If you disclose your idea to somebody that doesn't have a duty to keep it a secret, then you start a 12-month clock. You must file the patent within 12 months of the date you disclose, or whatever you've disclosed falls into the public domain. It becomes prior art. You must file a patent application, either a provisional or a utility, within 12 months of your initial disclosure. Well, how do you avoid that? You've probably heard of nondisclosure agreements, or NDAs, some people call these confidentiality agreements. These agreements are essential for protecting your patent idea in two ways. One, they ensure that the party you disclose to is fully aware that it's your idea and they can't claim it as their own later. They agree not to take that idea, and to, to maintain it in confidence. But more importantly, you're preserving…

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