I have an idea for a product that I will need help to create. I need to have an actual product to obtain a patent. Until I have that, how can I make sure that my idea isn't stolen by the people I hire?
There are several ways you can protect your proprietary interest in your idea.
First, understand that you do not need to build an actual physical product to be eligible to apply for a patent. What you need to have done is to have conceived of the invention and to have worked out the details of the invention so that you can adequately describe how to make and use the invention to a person of ordinary skill in the art to which the invention pertains.
If you have developed your idea to that point, you have enough of an invention to evaluate whether your invention is new and non-obvious in light of prior developments in the art. Many people hire a patent professional (a registered patent agent or patane attorney) to perform this task. If a patent search indicates that your invention is new and non-obvious over the prior art, then applying for a patent may be justified.
So, even though you have not yet produced a product, your invention may even now be eligible for patenting. Only an inventor (or someone authorized by the inventor) can claim ownership of the invention claimed in a patent, so certainly patenting will protect your proprietary interest.
Second, if you do not apply for a patent now, you can protect the confidential nature of your discovery by requiring those who work with you on the creation of the product, and anyone else to whom ou disclose your invention, to enter into enforceable non-disclosure agreements, binding them not to use or disclose your proprietary information without your express consent. An intellectual property attorney can draft up a good template agreement for you to use for this purpose.
As I do for anyone whose business depends on their intellectual property, I recomend that you engage the services of a patent professional to provide you guidance in this matter. Many patent professionals (myself included) provide an initial consultation at no charge. A registration to practice patent law is a nationwide license, so you are not limited to hiring only counsel in your local area.
If you are interested in obtaining a free, no obligation initial consultation on this matter, please contact me at 425-533-6132 at your convenience.
Anthony Claiborne
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.