What is the best strategy to prevent someone from stealing our technology pre-patent?

質問

We are considering a patent application to protect our prototype invention in the field of personal health monitoring. However, the procedure of actually getting a patent does not only seem quite costly, but also very lengthy. What is the average time that it takes from application to patent?

In any case, we would like to know how to protect our invention during the time before the patent is granted. What is the best strategy and what other IP rights can help us?

We are located in Sunnyvale, CA.

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回答: 3 public & 0 非公開

Steven weinrieb
弁理士

I have to respectfully take issue with one point that Jing made - while your patent application is pending, you do NOT necessarily have the right to commercialize it, and even after you obtain your patent, you do not necessarily have the right to commercialize is because a patent does not give any rights to make, sell, or use your own patented invention - a patent gives you the right to prevent OTHERS from making using, or selling your patented invention, so whether your application is pending, or even after your patent has issued, you have to be careful that manufacturing or selling your patented invention does not infringe someone else's patent. Also, note further that when your patent application is published, it effectively puts the world on notice that you may obtain a patent in the near future for the claimed invention, and therefore, if there are infringers, they will likely be held liable for severe penalties because they were already aware of your potential patent and chose to proceed to effectively infringe anyway.

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