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What steps can I take to protect my invention from being copied or stolen by competitors in the market?

Picture of Chris Battis By   ·  1 minute read

As a lawyer, there are several steps that you can take to protect your invention from being copied or stolen by competitors in the market. Here are some of the most effective strategies:

  1. File for a Patent: By filing for a patent, you gain different sets of rights depending on the type of patent you choose. A utility patent gives you the rights to stop other people from making, using, and selling your invention for up to 20 years. In exchange for this protection, you must fully disclose your invention in the patent application. A design patent protects the visual aspects of your invention and can give you up to 15 years of protection. A plant patent is reserved for new varieties of plants that can be asexually reproduced.

  2. Use Confidentiality Agreements: A confidentiality agreement is a legally binding document that obligates the parties involved to keep any confidential information that is shared between them secret. You can require anyone who has access to your invention to sign an NDA (Non-Disclosure Agreement) before you disclose any of your invention-related secrets.

  3. Apply for Trademarks: Trademarks function as an identification tool for a valuable service or goods. By securing a trademark for the name, logo, or slogan associated with your invention, you have exclusive rights to use that trademark in the market. Further, having a trademark can create a strong brand identity that consumers strive to recognize and trust.

  4. Keep Your Invention Secret: Putting your invention out in the public domain for everyone to see and study may put your product at risk of being copied or stolen. In some jurisdictions, not keeping your invention confidential may forfeit your right to file for patents.

  5. Monitor Your Competitors: Keep an eye on your competitors and make sure no one breaches your intellectual property rights. If someone is found to have copied or stolen your invention, you can take legal action to stop them from doing so.

However, taking these steps may not guarantee absolute protection for your invention. Competitors and other parties may find ways to develop similar or identical products that won't infringe on your patent rights. That being said, by following these steps, you are giving yourself the best chance to protect your invention and minimize the risks of having it copied or stolen.

If you require further assistance, don’t hesitate to reach out to a registered attorney. The suggestions presented above are informational and general purpose only and should not be relied upon as a substitute to professional legal advice that responds to your specific needs or case.