What if I told someone about my innovation? Is it too late to protect it?

“Loose lips sink ships.” My general advice is to keep your innovation secret (e.g., within your company) until you file for patent protection. If you do publicly disclose it before filing for patent protection, you still may have hope. If you file within one year in the US, you may preserve rights in the US. Outside of the US, you generally are out of luck after you publicly disclose the invention. Some countries, however, will give you a grace period like in the US if you file directly in their patent office within a certain period of time of the public disclosure. I was surprised to see how many countries let you do that (e.g., Japan).  Despite these backup positions, file first! As a default, before publicly disclosing any new technology, check to see if it needs to be protected.

 

Steven Saunders is an Intellectual Property Attorney at the Boston-based law firm, Nutter. Steven can be reached at ssaunders@nutter.com.

For more information about Steven, See Steven’s Martin Trust Center Biography at: https://entrepreneurship.mit.edu/profile/steven-saunders/

Intellectual Property Protection

23 articles

How can I protect my innovations? I’ve heard of patents, trademarks, trade secrets, etc.

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What are the legal requirements to get a patent?

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Is software patentable?

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I don’t have the resources to sue someone who is infringing. Why bother patenting my invention?

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MIT owns some patents that I’d like to use. How can I do that?

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External content: What is the patent process? (Via Dragon Innovation)

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External Content: Do entrepreneurs really need patents? (via MIT Bootcamps)

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How do I get a patent? Can I prepare a patent myself? I can write a good technical description.

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Even if I can legally get a patent, are there reasons to not get a patent?

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A license sounds like a big commitment. I’m not ready for that yet. Can I wait a while to take a license?

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External content: Cheat Sheet for Intellectual Property from Bricolage Law LLC

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External content: MIT Bootcamps webinar series on IP Law

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Why do entrepreneurs need to protect their technical and scientific innovations?

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What experience should I look for in a good patent attorney or patent agent?

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How do I find out if someone else invented my concept first? Is there a way to search for my concept?

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Someone told me not to search patents because it can get me in trouble. Is that true?

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What is a Provisional Patent Application?

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What is the difference between a utility patent and a design patent?

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After I file my patent, I can sell my patented product with no worries, right?

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What are common license terms for intellectual property?

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Does my US patent protect me in other countries?

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How do I handle international filings?

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