By Amy Whitney
So you’ve come up with a great idea, something new, unique, and positioned to do something in a different way. Before you start sharing it widely, it’s important to think about how you’ll protect it.
Taking steps to protect the design or function of an idea can prevent others from copying or claiming it as their own.
Why Protecting Your Idea Matters
The decision to protect your idea should start before you disclose it publicly. In the world of intellectual property (IP), timing is everything. Once an invention is publicly shared you may lose the ability to secure certain rights, including patent protection. Public disclosure can include things like presentations, articles, or meetings with people not considered protected by non-disclosure or confidentiality agreements.
Timing Is Everything in Intellectual Property
If you believe your idea has market potential, or if you believe the design or function matters to your competitive advantage, it’s worth considering a patent strategy early.
The U.S. patent system operates on a first-to-file basis, not first-to-invent. That means whoever submits a patent application first typically has the legal advantage, regardless of who created the idea first.
Understanding the U.S. “First-to-File” Patent System
When you file, you must be able to clearly describe how your invention works and what makes it different. This means you will need to include drawings, exhibits, and descriptions in detail, especially in comparison to inventions that are relatively close to ideas like what you have developed. It is always a good idea to complete a prior art search, either by yourself with an internet search using sites such as Google Patent, or with the help of a patent attorney or patent agent.
Provisional vs. Non-Provisional Patents: A Cost-Effective Strategy
For many early-stage founders, cost is a major concern. Patents can be expensive and time-intensive. There is a practical, cost-effective first option, a provisional patent application. A provisional patent filing gives you a full year of “patent pending” status and secures your place in line while you refine your idea, validate your market, or seek funding.
During the 12 months of your patent-pending status from the provisional patent filing, you can continue developing your invention and decide whether a full nonprovisional patent is worth pursuing.
Final Thoughts: Protect Before You Publish
In short, consider protecting your idea when it is genuinely new, when owning the rights matter to the competitive advantage of your business, and before you reveal details publicly.
Pursuing protection using tools like a provisional or full patent can help safeguard your innovation, giving you additional time to explore its market potential, refine your idea and seek additional funding.
Need Support Protecting Your Idea?
Reach out before you publicly share your idea. Early guidance can save time, money, and legal risk.
Contact our team to explore your options at und.techtransfer@und.edu