Can you share your idea or invention with other people before you get patent protection? The answer is no... and yes! The first thing you have to understand is you cannot share it with people, because that's considered public disclosure, which means it's considered an act that puts time limits in place against according to the USPTO. These time limits do not exist outside the US. So if you do disclose your patent to anyone publicly, or your idea that you plan to file a patent on, if you disclose it publicly, then you cannot seek patent protection in other countries, because you have to have your idea on file before you disclose it. Also, keep in mind in the US, is a first to file system. So whoever goes to the patent office first and files on the idea is the winner in the race in terms of who is the one that receives the best rights once the patent issues.
Although, the US is a first to file system, it's not a first to file system if you stole your idea from somebody else. So if somebody is going in filing for patent protection in the US Patent Office, they have to sign an oath and declaration saying it is their idea, they came up with it, and they didn't take it from somebody else. It's quite possible that two people are solving the same problem, at the same time in two separate parts of the world. And whoever gets the patent office first. That's the one that wins the race because both are legitimate inventors both came up with the idea on their own without stealing it from the other person.
So how do you prevent public disclosure from happening? The main way that you prevent public disclosure from happening is by having a nondisclosure agreement or a confidentiality agreement in place. We can help you with those questions, we can help you put those agreements in place. The main thing you have to understand is those agreements have to be in place before you disclose your stuff to a third party. Even if the third party is someone that is helping you build your invention, you need to put them under a nondisclosure. Even if the third party is someone who is listening to you for the purposes of marketing the idea, you need to put them under a nondisclosure agreement. If it's a third party who's interested in buying or you think you're pitching your idea to for the purposes of selling it, you definitely need to put a nondisclosure agreement in place.
Book a free consultation with us, contact us today: www.danalegalservice.com, call (650)-275-6025 or send us an email info@danalegalservices.com!
Disclaimer: Nothing on this channel should be taken as legal advice. The information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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