Public Disclosure: A Potential Pitfall
Premature public disclosure of an invention can negatively impact its patentability. Activities that constitute public disclosure include presentations, publications, demonstrations, and even casual discussions outside of confidential settings. Therefore, inventors must be vigilant about safeguarding their inventions until a patent application is filed.
First-to-File System: A Race to the Finish
The United States operates under a "first-to-file" system, meaning the first inventor to file a patent application for a particular invention is usually granted the patent, regardless of who conceived the idea first. This system incentivizes inventors to promptly disclose their innovations and file patent applications.
Patentability Assessment: Weighing the Odds
After an invention has been disclosed, conducting an initial patentability assessment is critical. This evaluation involves examining the invention's usefulness as well as its novelty and non-obviousness against known prior art including patents and published patent applications. The initial assessment helps determine whether the invention is likely to meet the legal requirements for patentability. A thorough patentability assessment will help you determine the most appropriate course of action, which may involve filing a patent application and/or seeking alternative IP protection strategies.
Market Potential Evaluation: Assessing Commercial Viability
Beyond patentability, an invention's market potential is crucial for determining its commercial viability. Always carefully evaluate the market landscape, including existing solutions, potential competitors, target customers, and market size. This information helps to determine whether the invention has the potential to generate significant revenue and return on investment. By understanding the market potential, you are well-equipped to make informed decisions about pursuing commercialization.
