HOW DO I PROTECT MY IDEA?
If your idea is of the type which appears to be protectable by a utility patent (see Chapter I), then the
first thing you should do is to prepare a disclosure of the idea or invention in the form of a written
description of the idea. If the idea is such that it can be illustrated in one or more drawings, your
disclosure should also include drawings—as many of them as are necessary to clearly illustrate the
invention. The description of the idea should make reference to the drawings and should utilize reference
numbers or letters to identify various parts of the idea as they are illustrated in the drawings. Also, your
disclosure should indicate what the idea is, how it works, how it can be used, and how it is believed to be
an improvement over what has been done before.
4.01 Establishing Dates of Invention
The invention disclosure should conclude with the following statement: “This invention disclosure
was written by [your name] on [date],” and then you should sign it. Underneath your signature, print or
type your name and address. Beneath that print: “Read and understood in confidence this ______ day of
__________, 2____,” and then provide several lines for the signatures and printed names and addresses of
at least two other people. These people should be (1) people who you trust to maintain your idea in
confidence, (2) people who are capable of understanding your invention, and (3) people who clearly are
not co-inventors with you. The second and third points are particularly important, since the whole purpose
of having them witness the invention disclosure is to be able to call on them to testify that they actually
did read and understand the invention disclosure on the date indicated. If they do not understand the
invention disclosure, they will not be able to tell if something was added to it later, and, if they are your
co-inventors, they will not be allowed to corroborate your (and their) invention.
You and the witnesses should all carefully review and sign the invention disclosure. You need not
sign it at the same time, but you should remember that the date on which the witnesses sign the disclosure
is really more important than the date on which you sign it.
This procedure is important in establishing a date of “conception”. Under the patent law, it sometimes
is necessary to prove the date of your invention. Proving the date of your invention generally consists of
proving the date of your conception of the idea and the date on which you actually made and tested the
first sample of your invention or first carried out your invention successfully if it is a process. (This is
called an “actual reduction to practice” in patent law.) In some cases, proving that you worked diligently
in going from your conception to either an actual reduction to practice or the filing of a patent application
may also be important
As with conceptions of inventions, it is very important to have witnesses (someone other than your co-inventor(s), if you have any) who can testify that your actual reduction to practice was actually made or accomplished on or by a given date. Again these witnesses must be people who actually understand your invention. It may be important to keep a diary or other written record of the date when your idea was conceived and the steps taken and work that took place to reduce the invention or idea to practice. In this respect, entries of the work done, the dates that parts were ordered, notations of delays in obtaining parts, and notes on the assistance rendered by others should be set forth in the diary. In addition, all diary entries should be witnessed and dated, in writing, by at least one person other than a co-inventor. Keeping a witnessed record or diary of the diligent efforts of the inventor to reduce the idea to practice is very important if someone else should invent a similar invention and file a patent application at about the same time you do. If this occurs, it may then be necessary to prove your date of conception of the idea and the date the idea was reduced to practice. Additionally, you may have to show diligence from before the time the other party conceived the idea to the time you reduced your idea to practice. All of this is very complicated. You may not remember it all, but remember two things. First, keep good notes and have good witnesses. Second, the sooner after you have had your idea that you have a patent application on file, the less important the proof of conception, diligence, and actual reduction to practice dates is likely to be. The filing of the patent application is called a “constructive reduction to practice,” and it establishes an invention
As with conceptions of inventions, it is very important to have witnesses (someone other than your co-inventor(s), if you have any) who can testify that your actual reduction to practice was actually made or accomplished on or by a given date. Again these witnesses must be people who actually understand your invention. It may be important to keep a diary or other written record of the date when your idea was conceived and the steps taken and work that took place to reduce the invention or idea to practice. In this respect, entries of the work done, the dates that parts were ordered, notations of delays in obtaining parts, and notes on the assistance rendered by others should be set forth in the diary. In addition, all diary entries should be witnessed and dated, in writing, by at least one person other than a co-inventor. Keeping a witnessed record or diary of the diligent efforts of the inventor to reduce the idea to practice is very important if someone else should invent a similar invention and file a patent application at about the same time you do. If this occurs, it may then be necessary to prove your date of conception of the idea and the date the idea was reduced to practice. Additionally, you may have to show diligence from before the time the other party conceived the idea to the time you reduced your idea to practice. All of this is very complicated. You may not remember it all, but remember two things. First, keep good notes and have good witnesses. Second, the sooner after you have had your idea that you have a patent application on file, the less important the proof of conception, diligence, and actual reduction to practice dates is likely to be. The filing of the patent application is called a “constructive reduction to practice,” and it establishes an invention
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