With the passage of the American Invents Act, the U.S. Patent System has moved from a first to invent system to a first inventor to file system. While the new law awards the patent to the first inventor, it also prevents others from obtaining an invention if you disclose your invention before someone else files an application on the same invention.
This disclosure can work to anyone’s benefit and may be used as an inexpensive offensive tool in cases where a patent is not needed, desired, or unaffordable. Disclosure of an invention prevents others from obtaining patent protection on the same invention.
If the invention is worth protecting with a patent, make sure your application is on file so that your own disclosure is not used as prior art against you.
This offensive move to disclose some developments can work in connection with a robust patent strategy. In this way, you can work to carve out an area of technology and keep others from encroaching where disclosure helps to prevent third party patents from issuing.
Protecting your innovative developments is critical to any organization. Having the right person to help you make those strategic decisions is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at firstname.lastname@example.org.