One of the problems that inventors face when trying to hire a patent attorney is that, if the inventor shops around and talks to a few attorneys, there's the risk that the information the inventor gives the attorney as a summary might count as public disclosure. Attorneys do have to treat client information as confidential, but if the inventor isn't yet a client, then there are questions as to whether or not the attorneys would have to treat any disclosed information as public.
Even if the attorneys are totally honest and are not stealing unpatented ideas, the act of disclosing to someone who is not bound yet to keep the information private could potentially count as public disclosure. If it does count, that means the idea can no longer be patented per U.S. regulations.
Inventors trying to find the right attorney face a couple of options. One is to try to weasel around the idea when initially talking to an attorney. The problem with that is the attorney then might not have enough information to judge whether the idea is worth patenting. Another option is to dive in headfirst and hire a patent attorney without much prior discussion. That could be very expensive if the idea turns out to not be eligible for a patent. However, there is one more option.
Provisional Patent Filing
The U.S. government allows inventors to file a provisional patent. This is good for one year and lets the inventor use the phrase "patent pending." These provisional filings are not official patents, and the inventor would have to file for a real patent before the 12 months are up.
Provisional applications are often used by inventors who are shopping for manufacturers. The temporary patent prevents most manufacturers from stealing the idea because one of the advantages of a provisional patent is that it allows for patent infringement lawsuits. Provisional patents also establish the inventor as the first to file, which is now the legal standard for determining who owns an idea.
Provisional patents also offer inventors a loophole -- there is a 12-month grace period regarding public disclosure. Per the U.S. Patent and Trademark Office, an inventor can file a provisional application up to 12 months after public disclosure. There is still a risk here in that public disclosure often allows competitors to take the idea and file it first themselves before the inventor files the provisional patent.
However, if the "public disclosure" that the inventor is worried about stems from simply consulting lawyers, then it may be worth it to file a provisional patent while attorney shopping. Of course, each case is different, so it is worth actually consulting a patent attorney first about the provisional patent (be sure that attorney offers initial consultations for free).
Still, it is an option to consider. Filing for a patent can be difficult, and while some people attempt a DIY version, hiring a patent attorney is often easier. If the attorney offers a free consultation, the inventor should take advantage of that in hopes of finding the right legal representation for their new invention.
Contact a law office like Sheri Higgins Law for more information and assistance.
Share22 September 2017
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