The Legal Blog

Hi, I'm RANDI.

I'm a BUSINESS ATTORNEY

I help my clients secure their business success by providing easy to understand legal guidance in a supportive environment, so they can focus on achieving their full potential.  

About RANDI

SEARCH BY Category

agreements

business formation

business operations

coronavirus

intellectual property

MINDSET

social media

COVID-19 Sparks a Flurry of Inventions

covid patents

share this article:


intermission signEverywhere we look we hear of the devastating impact of COVID-19 on health, businesses, social lives, and personal grooming.  

On the other side of this devastation is a significant increase in creativity and innovation designed to fight COVID-19.  A glimmer of hope in an otherwise stormy landscape.

 

engineeringAs reported by the Word Economic Forum: “From Spiderman-esque wrist-mounted disinfectant sprays, to a wristband that buzzes whenever you’re about to touch your face, a wealth of new prototypes are demonstrating what human ingenuity is capable of in the face of adversity.”

Psychologically Today agrees.  In a recent article, it highlighted examples of the flurry of quick-reaction innovations that can help cope with the epidemic. 

These inventions come in all shapes, sizes, and applicability.  There’s new hands free door openers, symptom trackers, face masks, eye protection, and ventilators.  Kudos to the ingenuity of all these creators!

Are you one of these innovators?  If so, how do you make the most of its value? 

PATENT IT!

patent value

Patenting an invention

Protects against theft

Provides you design freedom

Increases your market position

Allows you to license the invention

Overall increases your company value

 

Let’s take a look at the key best practices for filing timely patent applications.  

The Race to the Patent Office

The United States Patent System is a “first inventor to file” a patent system.  This system rewards inventors who take affirmative steps in securing their patent standing, thereby establishing the innovation in the public domain.

The first inventor to file system provides incentive for inventing and filing early due to the implied “race to the patent office.” 

Public Disclosure

conference

The US patent system provides a one-year “grace period” during which publication of the invention by the inventor or someone who has validly obtained the invention from the inventor will not negate patentability.  It also provides a shield against subsequent disclosures of the same invention by others during that period of time.  

A public disclosure can be:

  • a company website post
  • a trade show demonstration
  • an unauthorized internet post by a company employee 
  • a publication of a journal article 

 

It is important for an inventor to avoid public disclosure of company technologies prior to patent application filing. 

 

inventionInvention Theft

Intellectual property theft is a significant and a growing concern.  Confidential invention information can be stolen by:

  • an unauthorized user accessing an organization’s computer systems
  • an organization insider stealing confidential information, or 
  • an employee inadvertently disclosing confidential information.

 

I encourage you as an inventor to act quickly to protect new inventions to minimize the window on both competitors who independently arrive at the same idea and unethical competitors who apply for a patent based on stolen innovation information.

Under the first inventor to file provisions, it is theoretically possible that when an innovation is stolen from its rightful owner and the thief files a patent application first, based on the dates alone, the United States Patent and Trademark Office would assume that the fraudulent first filer has the rights to the patent since it filed first. 

Be sure to implement anti-patent theft policies and actions including, for example, employee education, intellectual property security procedures, and intellectual property confidentiality procedures.  Such actions, coupled with expeditious filing of patent applications may provide safeguards against unethical innovation theft. 

patentPatent Application Preparation and Filing

The first inventor to file system emphasizes the need for inventors to file as early as possible to establish the earliest possible effective filing date.  Filing early mitigates the risk of a competitor with substantially the same invention establishing an earlier effective filing date.  However, it is not in the best interest of any organization or individual inventor to sacrifice the quality of a resultant patent application in order to expedite patent preparation and filing.

 

Minimizing Patent Application Preparation Cycle Time 

The filing of patent applications as early as possible will provide numerous advantages. Under the first inventor to file provisions,  subject matter of priority applications filed in any country, in any language, may be available as prior art for novelty and obviousness purposes as of the original effective filing date.  It is therefore beneficial to file patent applications soon after the invention is created.

Therefore I recommend you file priority patent applications as early as possible to facilitate the earliest potential filing date.  One approach, for example, is to file a series of priority documents for both defensive purposes and to protect strategic technologies.  Another approach is to file multiple priority applications throughout a priority year, as technologists refine their inventions, to provide the earliest effective filing date and earliest effective prior art date for the application as well as any subsequent applications claiming benefit of the priority application. 

 

“The US patent system adds the fuel of interest to the fire of genius in the discovery and production of new and useful things.”

-Abraham Lincoln

Check out the entire Coronavirus and Small Business Law Series here.

Do you need help with securing your success through Patent Protection? I can help.  Contact me here

About Sagacity Legal:
Sagacity Legal is a Florida-based firm that works with service-based small business owners, who want to minimize their legal risk so they can focus on achieving their full potential.

This article and all content herein is solely intended for general information purposes and should not be construed as legal advice in any manner. This information is not intended to create, and receipt or viewing, or communication via email or other means does not establish an attorney-client relationship. An attorney-client relationship is only formed when a written engagement agreement is executed. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this website to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

Leave a Reply

Your email address will not be published. Required fields are marked *

leave a comment on this post.

previous comments

      * Testimonials found on this website are actual client reviews of Sagacity Legal PLLC. Prospective clients may not obtain the same or similar results.
    ** The information contained in this website is intended for general informational purposes only, and should not be construed as legal advice on any matter.
  *** For important disclaimer information please visit http://www.sagacitylegal.com/disclaimer.
**** This firm is registered to practice in the State of Florida and before the USPTO.