Are you someone who manages the innovation processes of your organization and needs to understand the nuances of intellectual property to guide your teams?
Or a legal expert who needs to clarify these base concepts for your clients?
Or even if you’re someone developing new ideas or inventions and want to understand the legal and procedural aspects of protecting your creations… we’ll tell you everything about invention disclosure vs patent in this article.
There are so many questions often thrown around these two terms.
- How does an invention disclosure differ from a patent?
- Can an invention disclosure lead to a patent?
- How long does it take to get a patent compared to an invention disclosure?
- Do I need to fill out an invention disclosure to file a patent? etc etc
Let’s start by discussing these two separately and then move to the core differences.
The First Step: Invention Disclosure
Just imagine: You’ve just come up with an idea that could change the way we use technology. An idea that no one probably thought of before.
Before you start sharing it with the world, there’s an important step: documenting your invention with an invention disclosure.
An invention disclosure is the first step in protecting your intellectual property (IP). It’s an internal document where you, the inventor, record your idea. This document usually includes:
- A clear description of your invention.
- How it works and what problem it solves.
- Potential uses and markets.
- Any similar inventions or technologies you know about (known as prior art).
Think of the invention disclosure as a snapshot of your idea at its earliest stage. It’s the first official record that your company’s legal or IP team will use to evaluate your invention.
Download free sample invention disclosure form :
What is the purpose of the invention disclosure form?
Filing an invention disclosure is crucial for several reasons:
- Setting a Conception Date: It helps establish when the invention was first thought of, which can be vital in proving who came up with it first.
- Assessing Patentability: The invention disclosure allows you to verify the patentability of your idea. Is the invention new? Is it really non-obvious?—two key factors in deciding whether it’s worth patenting.
- Next Steps: Based on the disclosure, you can choose to patent your invention, keep it as a trade secret, or possibly move on if it’s not seen as valuable.
- Internal Record: It helps keep track of innovations within the company, useful for managing IP and making strategic R&D decisions.
In short, an invention disclosure is how you say, “I’ve got something important here, and it’s worth protecting.”
The next level: Patent
After an invention disclosure is reviewed, the next step, if the idea is promising, is filing for a patent. A patent is a next-level protection of your ideas.
A patent is a legal document granted by the government, PTOs, that gives you exclusive rights to your invention.
This means no one else can make, use, sell, or import your invention without your permission. These rights usually last for 20 years from the filing date.
A patent isn’t just a certificate; it’s a powerful business tool. Here’s what it involves:
- Claims: This part defines what exactly is protected. The broader the claims, the more protection the patent offers, but it also means the patent will face more scrutiny.
- Description: The patent must include a detailed, clear description of the invention, how it works, how it’s made, and how it can be used.
- Drawings: Patents often include drawings to help explain the invention.
Why is a Patent Important?
A patent isn’t just for decoration; it’s a strategic asset.
Here’s why:
- Market Exclusivity: With a patent, you can block competitors from entering the market with the same product, giving you a significant advantage.
- Monetization: Patents can be licensed out, generating revenue without you having to make the product yourself.
- Attracting Investment: A strong patent portfolio can attract investors by showing that your company has valuable, protectable technology.
- Defensive Strategy: Patents can be used defensively in legal disputes, helping to protect your company from infringement claims.
- Building a Brand: Patents contribute to a company’s image as an innovator and can be a key part of its brand identity.
Difference between patent and invention disclosure:
Now that we’ve defined both invention disclosures and patents, let’s compare them:
The key takeaway? Invention disclosures are the first step in capturing an idea, while patents are the legal shield that protects it from being copied or used without permission.
Current Trends and Insights:
Today, businesses are considering both invention disclosures and patents a great deal. Why wouldn’t they?
This is where all the innovation is happening- and you should too, put greater emphasis on both of these elements of innovation.
According to the World Intellectual Property Organization (WIPO), the number of patent filings is rising. And that is in tech-driven sectors, essentially. This highlights the growing need to protect innovations early. Which starts with thorough invention disclosures.
Additionally, companies are recognizing the strategic role of patents in the business world. They’re not just for protecting products; they’re tools for securing market positions, attracting investment, and negotiating cross-licensing deals.
Conclusion:
Innovation is a journey. Protecting that innovation is key. It starts with an invention disclosure, documenting your idea, and laying the groundwork for future protection.
If the idea proves valuable, pursuing a patent gives you the legal backing to turn it into a marketable product.
Tools like InspireIP’s IP Assist can streamline the complete process from ideation to innovation. Helping companies move smoothly from filing disclosures to filing patents.
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