Apex Juris Blog

How Safe Is Your Invention from Patent Infringement or Theft?

Written by Tracy M. Heims | Dec 25, 2023 2:39:16 PM

As an inventor, it’s important to not only protect your intellectual property but also ensure it’s safe from infringement or theft. After all, you’ve spent a lot of time, effort, and money on your invention and it’s only natural to want to safeguard it. Here are some steps you can take to protect your invention from patent infringement or theft:

  1. Conduct a patent search: Before filing a patent application, it’s important to conduct a thorough search to ensure that your invention is truly novel and non-obvious. A patent search can help you identify any similar inventions that already exist and can help you avoid any infringement issues in the future. See our guide, What is the Patent Application Process?
  2. File for a patent: Filing for a patent is the most important step in protecting your invention. A patent grants you exclusive rights to your invention and prevents others from making, using, or selling it without your permission. It’s important to file for a patent as soon as possible to ensure that your invention is protected. Find out more at, What do You Need to do to Market an Invention?
  3. Keep your invention a secret: Until you have filed for a patent, it’s important to keep your invention a secret. This can help prevent others from stealing your idea or copying your invention before you have a chance to patent it.  See Why Does an Inventor Need an Attorney?
  4. Use confidentiality agreements: If you need to share your invention with others, such as potential investors or partners, it’s important to use confidentiality agreements to protect your invention. These agreements can help prevent others from disclosing or using your invention without your permission. See our blog, Five Things you Can Do to Protect your Invention.
  5. Monitor the market: Keep an eye on the market to ensure that no one is infringing on your patent. If you suspect that someone is infringing on your patent, you can take legal action to stop them and protect your rights.
  6. Enforce your patent: If someone does infringe on your patent, it’s important to take action to enforce your rights. This can include sending a cease and desist letter, filing a lawsuit, or negotiating a licensing agreement. See Why Does an Inventor Need an Attorney?
  7. Use trademarks and copyrights: In addition to patents, you can also use trademarks and copyrights to protect your intellectual property. Trademarks can protect your brand name and logo, while copyrights can protect your original works of authorship, such as software, music, and art. Find out more in our guide: What is Intellectual Property Law?
  8. Work with an experienced patent attorney: Finally, it’s important to work with an experienced patent attorney who can help you navigate the patent process and protect your intellectual property. A patent attorney can help you file for a patent, enforce your patent, and take legal action against infringers. Read our blog, Can You Really Trust Your Patent Attorney?

In conclusion, protecting your invention from patent infringement or theft is critical to your success as an inventor. By conducting a patent search, filing for a patent, keeping your invention a secret, using confidentiality agreements, monitoring the market, enforcing your patent, using trademarks and copyrights, and working with an experienced patent attorney, you can safeguard your intellectual property and ensure that you’re the only one who benefits from your invention.

If you would like to talk to one of our attorneys about your invention or the patent process contact us at Apex Juris.